(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Journal of the Senate of the General Assembly of the state of North Carolina at its .."

m 



N.C, DOCUMENTS 
r :W!NGHOUSE 

JAN 30 1989 

N.C. STATt LIBRARY 
flALEIGH 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/journalofsenateo19nort_3 



JOURNAL 

OF THE 

' . SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



1987 SESSION 
SECOND SESSION 

1988 



Lithographed by 

West Publishing Company 

St. Paul, Minn. 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

1987 GENERAL ASSEMBLY 
SECOND SESSION 1988 

ROBERT B. JORDAN III. President Mt. Gilead 

J. J. }{ARRINGTON', President Pro Tempore Lewiston-Woodville 

KENNETH C. ROYALL JR. . Deputy President Pro Tempore Durham 

ANTHONY E. RAND, Majority Leader FayettevUle 

SYLVIA M. FINK. Principal Clerk Raleigh 

LEROY CLARK, JR. , Reading Clerk Wendell 

GERDA B. PLEASANTS. Sergeant-at-Arms Gary 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARC BASNIGHT Manteo 

2 J.J. HARRINGTON Lewiston-Woodville 

3 WILLIAM H. BARKER Vanceboro 

4 A. D. GUY Jacksonville 

5 HAROLD W. HARDISON Deep Run 

6 R. L. MARTIN Bethel 

7 FRANKLIN BLOCK Wrightsville Beach 

8 HENSON P. BARNES Goldsboro 

9 THOMAS F. TAFT Greenville 

10 JAMES E. EZZEL. JR Rocky Mount 

1 1 JAMES D. SPEED Louisburg 

12 ANTHONY E. RAND Fayetteville 

LURA S. TALLY Fayetteville 

13 KExNNETH C. ROYALL. JR Durham 

RALPH A. HUNT Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILLIAM W. STATON Sanford 

J. K. SHERRON. JR Raleigh 

15 ROBERT D. WARREN Benson 

16 RUSSELL G. WALKER Asheboro 

WANDA H. HUNT Pinehurst 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES. JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 MARVIN M. WARD Winston-Salem 

TED KAPLAN Winston-Salem 

21 GEORGE B. DANIEL Yanceyville 

22 JAMES C. JOHNSON, JR Concord 

23 - ROBERT VANCE SOMERS Salisbury 

PAUL S. SMITH Salisbury 

24 WILLIAM D. GOLDSTON. JR Eden 

A. P. SANDS III Reidsville 

25 J. OLLIE HARRIS Kings Mountain 

HELEN RHYNE MARVIN Gastonia 

MARSHALL A. RAUCH Gastonia 

26 AUSTIN M. ALLRAN Hickory 

HOWARD F. BRYAN Statesville 

27 DONALD R. KINCAID Lenoir 

DANIEL R. SIMPSON Morganton 

28 ROBERT S. SWAIN Asheville 

DENNIS J. WINNER Asheville 

29 CHARLES WILLIAM HIPPS WaynesviUe 

R. P. THOMAS Hendersonville 

30 DAVID RUSSELL PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 MARY P. SEYMOUR Greensboro 

33 JAMES F. RICHARDSON Charlotte 

34 JA.MES D. McDUFFIE Charlotte 

35 LAURENCE A. COBB Charlotte 

(See Appendix for Senatorial Districts) 



SENATE JOURNAL 

SECOND SESSION 1988 



ONE HUNDRED THIRTY-SIXTH DAY 

Senate Chamber, 
Thursday, June 2, 1988. 

The Senate meets pursuant to adjournment as provided in Resolution 37 and is 
called to order by the Honorable Robert B. Jordan III, Lieutenant Governor. 

The Chair announces Dr. Vernon C. Tyson, Pastor of Edenton Street Methodist 
Church is serving as Senate Chaplain for the remainder of this Session. (See Appen- 
dix) 

Prayer is offered by Dr. Tyson, as follows: 

"God of our fathers and mothers, to them a tall tower and a wise well of resources; 
be to us what our parents said You were to them; for we, too, have need for a wisdom 
and a strength greater than our own. 

"Be with the members of this Senate as they gather to begin a new term. Give to all 
clear minds, keen judgments and a purity of heart that will enable each to be a person 
of genuine good will. 

"And during this Assembly, most Gracious God, grant to those bowed before Thee 
such skillful diligence that, when these days are done, they may return to those who 
sent them as honored servants who need not to be ashamed. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday, August 14, 1987, has been examined and is found to be 
correct. On his motion, the Senate dispenses with the reading of the Journal and it 
stands approved as written. 

The President grants a leave of absence to Senator Rauch for for today. 

The Chair extends courtesies of the gallery to the Honorable Henry E. Frye, Associ- 
ate Justice ^f the North Carolina Supreme Court and former Senator from Guilford 
County. 

Upon motion of Senators Conder and Plyler, the Chair extends courtesies of the 
gallery to Sarah Jordan, wife of the Lieutenant Governor. 



REMARKS BY LIEUTENANT GOVERNOR ROBERT B. JORDAN III 

Without objection, the Chair requests and is granted permission to address the Sen- 
ate. 

Senator Hardison offers a motion that the remarks of the Lieutenant Governor be 
spread upon the Journal, which motion prevails. The remarks of the Lieutenant Gov- 
ernor are as follows: 



June 2, 1988 



6 SENATE JOURNAL [Second Session 

"Members of the Senate, distinguished guests, colleagues and friends — 

"Let me begin with a personal note, for this is the last time I will have the privilege 
of addressing you at the opening of a session from this podium. 

"I have had the honor of serving among you for twelve years — eight as a member of 
the North Carolina Senate and these four years as Lieutenant Governor. 

"I count myself as most fortunate to have had this opportunity. It has been a privi- 
lege and a joy to be your colleague. 

"I ask you today to join me in paying special tribute to colleagues who have served 
this State long and well. 

"They have chosen not to seek re-election to the Senate this year. They are men of 
great strength and character. They have left their mark on each of us, on this Senate, 
and on their State. 

"Please join me in saying thank you to Senator "Monk" Harrington, Senator Harold 
Hardison, Senator "Tony" Rand, and Senator "Bob" Somers. (The Senate responds 
with a prolonged standing ovation.) 

"On opening day last year, I said this General Assembly faced a choice: to be 
satisfied with the status quo, or to rise to the challenge of change — and take bold 
action to shape a better future for North Carolina. 

"To its great credit, this General Assembly rejected the siren song of the status quo. 

"And North Carolina is better today for it. . 

"You passed a ban on phosphate detergents and already our rivers are cleaner. 

"You passed tax incentives to bring jobs to rural counties and already that impact is 
being felt. 

"You passed a plan to build new schools without borrowing money and schools are 
being built today. 

"You passed a Teacher Fellows Program and it is bringing bright young people into 
teaching careers. 

"This Legislature showed what strong and active leadership can do. 

"For the past three years, this Legislature has maintained a commitment to pro- 
gress — 

"We stood with the school children by passing a strong Basic Education 
Plan and refusing to go along with those who would have retreated on 
that commitment. 

"We stood for new economic opportunities by establishing a Commis- 
sion on Jobs and Economic Growth to explore bold news ways of 
building an economic future that all North Carolinians can share in. 

"This is a proud record. It is a testament to your courage and vision and a touch- 
stone for those who will follow you, 

"Let us maintain that commitment during this Session. 

"Although our time and our agenda are limited, our belief in North Carolina's fu- 
ture has no limits. 



June 2, 1988 



1988] SENATE JOURNAL 7 

"The challenge is just as great and the need for action is just as urgent. 

"Let us again seize the opportunities to move North Carolina forward. 

"In this Session, let us pay special attention to the critical needs of the youngest and 
the oldest North Carolinians. 

"I urge you to extend a helping hand to working parents and their children, by pro- 
viding before- and after-school care in the school building to North Carolina's 
150,000 'latchkey' children. 

"I urge you to extend a helping hand to the young people of our State who are faced 
with the pressure to use drugs and alcohol, and I guess that's all of them, by moving 
towards establishing in our schools state-wide the extremely successful DARE (Drug 
Abuse Resistance Education program), that will increase their self-esteem and help 
them say no to drugs and alcohol. 

"I urge you to extend a helping hand to older adults, by expanding services that will 
enable them to live independently and with dignity, home-health care, nutrition pro- 
grams and transportation services. 

"We have made progress, but there is more to be done. 

"We can look back with justifiable pride, but it can be only a fleeting look because 
our eyes, energies, and our talents must be fixed firmly and resolutely on the future. 

"To that end, we have to pledge to ourselves and to all North Carolina that we'll 
work tirelessly and vigorously to provide action and vision that gives our citizens the 
only thing they want and ask for from State government and that is the opportunity to 
compete fairly, to work hard, to have security and respect for our older citizens, and to 
have hope and opportunity for our young. 

"As we begin this Session, let that be our resolve." 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

n.B. 279, a bill to make it unlawful to allow a minor to perform activities on busi- 
ness premises while nude, partially nude or attired in transparent clothing, as 
amended, upon third reading. 

Senator Guy offers a motion that the bill, as amended, be re-referred to the Judici- 
ary I Committee, which motion prevails (electronically recorded). 

S.B. 661 (House Committee Substitute), a bill to permit the garnishment of wages 
for certain debts owed to public hospitals, for concurrence in the House Committee 
Substitute bill, upon third reading. 

On motion of Senator Goldston, the Senate concurs in the House Committee Substi- 
tute bill by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes," Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Mcore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner— 48. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 



June 2, 1988 



SENATE JOURNAL [Second Session 

APPOINTxMENTS BY THE GOVERNOR 

The Chair directs the Reading Clerk to read the following letters from the Governor: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 ..„,,. ..... 

May 16, 1988 "".,,, V; "''' .; 



The Honorable Robert B. Jordan, III '' 

President of the Senate , "" 

State Legislative Office Building '- 

Raleigh, North Carolina 27611 "' .'■ ^ 

Re: Office of State Controller - 

Dear Lieutenant Governor Jordan: 

Pursuant to North Carolina General Statute 143B-426.37, I hereby appoint Fred W. 
Talton of Wake County as State Controller for a term ending June 30, 1994, subject to 
confirmation by the General Assembly. Furthermore, I hereby submit his name to the 
General Assembly for said confirmation. 

' ^^.■ 1 ^■•^ ■^^■■' . ■ ■ ■ '■• • ■■ • ' -'■■■'■■' Sincerely, -'■"' ." ' 

'- : - -• • ^. ' "- ■'■ S /James G. Martin ' ' ■ 

Governor 

Referred to State Government Committee. 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27603-8001 

April 26, 1988 ; . : • 

The Honorable Robert B. Jordan, III 
President of the Senate 
State Legislative Building 
Raleigh, North Carolina 27611 

Dear Lieutenant Governor Jordan: 

Pursant to North Carolina General Statute 135-6, I am appointing the persons listed 
below to the Board of Trustees of the Teachers' and State Employees' Retirement 
System. Their term of office will expire April 1, 1992. I hereby submit their names to 
the North Carolina State Senate for confirmation. 

1. \V. Eugene McCombs - Rowan County 
Public Member 

2. James M. Cooper - Cumberland County - 
Public Member 

3. James R. Hawkins - Durham County 
Public Member 

Sincerely, 

S/James G. Martin 

Governor 



Referred to Pensions and Retirement Committee. 



June 2. 1988 



1988] ,,... SENATE JOURNAL 9 

EXECUTIVE ORDERS 

Executive Orders No. 54 through 73 received following adjournment August 14, 
1987, are presented to the Senate (See Appendix). The Chair refers the Executive 
Orders to the State Government Committee as follows: 

Executive Order Number 54, Coordinated Planning For Employment and 
Training Programs 

Executive Order Number 55, Martin Luther King, Jr. Holiday Commission 

Executive Order Number 56, Governor's Advisory Board on Athletes Against 
Crime 

Executive Order Number 57, Governor's Blue Ribbon Commission on Coastal 
Initiatives 

Executive Order Number 58, Extend Grace Period for Obtaining 1988 Com- 
mercial Fishing Licenses 

Executive Order Number 59, "Juvenile Justice Planning Committee" — Amend- 
ment to Executive Order Number 15. 

Executive Order Number 60, Governor's Task Force on the North Carolina 
Driver License System 

Executive Order Number 61, "Governor's Advisory Commission on Military 
Affairs"— Amendment to Executive Order 49 

Executive Order Number 62, "Governor's Task Force on Development of Pri- 
vate Seed Venture Capital Sources" — Amendment to Executive Order Number 41 

Executive Order Number 63, State Asbestos Study Commission 

Executive Order Number 64, Extension of Governor's Council on Alcohol and 
Drug Abuse Among Children and Youth 

Executive Order Number 65, North Carolina State Defense Militia 

Executive Order Number 66, State Employees Combined Campaign 

Executive Order Number 67, Governor's Task Force on the Shortage of Nurses 
in North Carolina 

Executive Order Number 68, North Carolina Commission on the Supercon- 
ducting Super Collider 

Executive Order Number 69, Governor's Task Force on Aquaculture in North 
Carolina 

Executive Order Number 70, Women's Economic Development Advisory 
Council 

Executive Order Number 71, Governor's Task Force on Rail Passenger Service 

Executive Order Number 72, "Governor's Inter-Agency Advisory Team on Al- 
cohol and Other Drug Abuse"— Amendment to Executive Order Number 53 

Executive Order Number 73, Emergency Management Program 



MESSAGE FROM THE GOVERNOR 

The Chair announces a message from the Governor to the General Assembly, is 
received, distributed to the Senate and orders the message recorded in the Journal. 
(See Appendix) 

The President recognizes the following pages serving in the Senate this week: John 
Britt, Garner; William Davis Clark, Reidsville; Amanda Smith Fisher, Wake Forest; 
Lori Carol Fuquay, Yanceyville; Richard C. Fuquay, Jr., Blanch; Wanda Michelle 
Fuquay, Yanceyville; Mark Anthony Hodges, Ruffin; June Hooper, Mebane; Lee Jor- 
dan, Semora; James B. Millner III, Providence; Alexander P. Sands IV, Reidsville; 
Debra Tate, Yanceyville; and Michael Worsley, Garner. 



June 2, 1988 



10 SENATE JOURNAL [Second Session 

On motion of Senator Harrington, seconded by Senator Hardison, the Senate ad- 
ourns at 12:40 P.M. to meet tomorrow at 10:00 A.M. 



ONE HUNDRED THIRTY-SEVENTH DAY 

Senate Chamber, 
Friday, June 3, 1988. . 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O God of all wisdom. Whose voice is sometimes heard in the persuasive speech of 
those who soar like eagles, who have mastered well the craft of winning friends and 
influencing people. 

"At other times, O Lord, Your voice comes in the cry of a falling sparrow — in the 
groanings of the powerless poor whose sun seems to have gone down while it is yet 
day. 

"Feed our minds with the fresh meat of truth, most gracious God, so that each 
member of this Senate may both hear and heed Your voice. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Bryan, Johnson of Wake, and 
Rauch for today. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

S. B. 661 (House Committee Substitute) , an act to permit the garnishment of wages 
for certain debts owed to public hospitals. (Ch. 880) 



INTRODUCTIOiN OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Barker: 

S.B. 1558, a bill to modify the form of election of the Pamlico County Board of 
Commissioners and the Pamlico County Board of Education so as to implement a 
federal court judgment. 

Referred to Election Laws Committee. 

By Senators Richardson, Harrington, Hunt of Moore, Marvin, Rand, Seymour, 
Speed, and Tally: 



June 3, \9l 



1988] SENATE JOURNAL 11 

S.B. 1559, a bill to provide for the urgent needs of older adults, to begin building an 
in-home and community-based system of services for older adults, and to appropriate 
the necessary funds. 

Referred to Veterans Affairs and Senior Citizens Committee. 

By Senators Plyler and Conder: 

S.B. 1560, a bill to provide for a special election in the City of Albemarle to elect 
two council members from districts, so as to carry out a federal court judgement. 

On motion of Senator Plyler, the bill remains before the Senate for immediate con- 
sideration. 

The bill passes its second (electronically recorded) and third readings and is or- 
dered, without objection, sent to the House of Representatives by special messenger. 

By Senators Kaplan, Block, Daniel, Plyler, and Warren: 

S.B. 1561, a bill to appropriate funds for advertising and promotion of filmmaking 
in North Carolina by the film office in the Department of Commerce. 
Referred to Appropriations Committee. 

By Senators Royall and Basnight: 

S.B. 1562, a bill to adjust compensation in the executive branch, as recommended 
by the Commission to Study the Salary and Compensation of Executive Branch Offi- 
cers and Members of the General Assembly. 

Referred to Appropriations Committee. 

By Senator Royall: 

S.B. 1563, a bill to adjust compensation in the legislative branch, as recommended 
by the Commission to Study the Salary and Compensation of Executive Branch Offi- 
cers and Members of the General Assembly. 

Referred to Appropriations Committee. 

By Senators Royall and Staton: 

S.B. 1564, a bill to appropriate funds for the 1989 State Games of North Carolina. 
Referred to Appropriations Committee. 

By Senator Harris: 

S.B. 1565, a bill to allow Cleveland County to name and assign street numbers to 
private roads in unincorporated areas. 

Referred to Local Government and Regional Affairs I Committee. 

On motion of Senator Harrington, seconded by Senator Somers, the Senate ad- 
journs at 10:30 A.M. to meet Monday, June 6, at 8:00 P.M. 



ONE HUNDRED THIRTY-EIGHTH DAY 

Senate Chamber, 
Monday, June 6, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 



June 6, 1988 



12 SENATE JOURNAL [Second Session 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O God of the long years and the passing day, our critics may judge us by the fleet- 
ing fashion of a moment; but in our hearts, help us to hold to another standard. 

"When we come at last to leave this hallowed hall and cast one longing, lingering 
look behind; when our head has been laid upon the lap of earth and our soul bosomed 
upon our Father God; 

"May it be said of us by friend and foe, that we stood steady beside the Highest 
and the Best. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday, June 3, has been examined and is found to be correct. On 
his motion, the Senate dispenses with the reading of the Journal and it stands ap- 
proved as written. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Taft: 

S.B. 1566, a bill changing the appointment of commissioners to the Pitt County 
Industrial Development Commission and enlargement of the County's powers to en- 
courage location of industrial prospects. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Winner and Sands: 

S.B. 1567, a bill to make conforming amendments to certain local acts to reflect 
Chapter 509, Session Laws of 1987, as recommended by the Legislative Research 
Commission. 

Referred to Judiciary IV Committee. , 

By Senators Hipps and Thomas: 

S.B. 1568, a bill to allow Transylvania County to convey to Transylvania Voca- 
tional Services Foundation, Inc., certain real estate at private sale. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Soles: 

S.J.R. 1569, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to coi>sider a bill to be entitled an act to increase the amount of the assessment 
that can be levied for the promotion of the sale and use of tobacco. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Richardson: 

S.B. 1570, a bill to appropriate funds to underwrite the cost of tickets for North 
Carolina school children to visit the Rameses Exhibition in Charlotte. 
Referred to Appropriations Committee. 

By Senators Tally, Hunt of Moore, Rand, and Warren: 

S.B. 1571, a bill to appropriate funds for a Southeastern North Carolina Radio 
Reading Service Station at Fayetteville State University to serve the blind and the visu- 
ally impaired. 

Referred to Appropriations Committee. 



June 6, 1988 



1988] SENATE JOURNAL 13 

By Senator Tally: 

S.B. 1572, a bill to appropriate funds for the construction of a new building for the 
Myrover-Reese Fellowship Home, Inc., in Cumberland County. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Speed: 

S.B. 1573, a bill to create the North Carolina Solid Waste Management Revolving 
Loan Program. 

Referred to Finance Committee. 

By Senators Speed, Harrington, and Warren: 

S.B. 1574, a bill to appropriate funds to the North Carolina Senior Citizens' Fed- 
eration for its public service projects. 

Referred to Appropriations Committee. 

By Senator Speed: 

S.B. 1575, a bill to appropriate funds to the Town of Louisburg for construction of 
a Senior Citizens Center in Louisburg. 

Referred to Appropriations Committee. 

By Senator Speed: 

S.B. 1576, a bill to allow the Town of Rolesville to impose impact fees. 
Referred to Finance Committee. 

By Senator Kincaid: 

S.B. 1577, a bill to create the Department of Health and Environment and reap- 
propriate funds for its operation; to consolidate environmental programs; to make 
transfers to the Department of Health and Environment, Department of Human Re- 
sources and the Department of Commerce; and to make conforming statutory 
changes. 

Referred to Appropriations Committee. 



ADDITIONAL ENDORSEMENTS 

The following Senator requests to be recorded endorsing a bill previously introduced: 

By Senator Daniel: 

S.B. 1564, a bill to appropriate funds for the 1989 State Games of North Carolina. 

The President recognizes the following pages serving in the Senate this week: David 
Scott Anderson, Denver; Vance Averett, Greenville; Susan Barham, Asheboro; Ben- 
jamin Hill Brown, Henderson; Jacqueline Browne, Winston-Salem; Sharon Cairnes, 
Asheville; Richard Carter, Raleigh; Trisha Gray Clark, New Bern; Meredith Davis, 
Candor; Millicent Davis, Kinston; Brian Eisenberg, Winston-Salem; Kathryn Ann 
Gibson, Monroe; Stephanie Carole Hales, Clinton; Darren Harris, Durham; 
Elizabeth Dawn Holleman, Rocky Mount; Valerie Huisingh, Apex; Martha Margaret 
Johnston, Weldon; Allison Jonas, Lincolnton; Francis Lavelle, Asheville; Wendy 
Michelle Lowman, Drexel; Christopher Minnix, Cherryville; Kymra Michelle Motley, 
Charlotte; Christy Lynn Swindell, Greenville; Heather Walker, Asheboro; Janet 
Leslie Whitfield, Wendell; and Jennifer Lynn Whitfield, Wendell. 



June 6. 1988 



14 SENATE JOURNAL [Second Session 

On motion of Senator Harrington, seconded by Senator Somers, the Senate ad- 
journs at 8:20 P.M. to meet tomorrow at 1:30 P.M. 



ONE HUNDRED THIRTY-NINTH DAY 

Senate Chamber, 
Tuesday, June 7, 1988.' 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, for the responsibilities that challenge us, for the friends who encour- 
age us, and for a loving faith that calls us to glorify God and serve our neighbor's 
need, we give Thee thanks and praise. 

"As we turn now our attention to the duties of this day, we may, at times, forget 
Thee, O God of grace; but do not, in Thy mercy, forget us. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, Monday, June 6, has been examined and is found to be 
correct. On his motion, the Senate dispenses with the reading of the Journal and it 
stands approved as written. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Richardson for the Veterans Affairs and Senior Citizens Com- 
mittee: 

S. B. 1559, a bill to provide for the urgent needs of older adults, to begin building an 
in-home and community-based system of services for older adults, and to appropriate 
the necessary funds, with a favorable report. 

On motion of Senator Richardson, the bill is re-referred to the Appropriations 
Committee. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Guy moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following bill, which motion prevails by a two-thirds majority 
vote. 

By Senators Guy, Royall, Barker, Barnes, Basnight, Block, Bryan, Conder, 
Daniel, Ezzell, Goldston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, Parnell, Plyler, Rand, Rauch, Richardson, Sands, 
Seymour, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, 
Thomas, Ward, Warren, and Winner: 



June 7, 1988 



1988] SENATE JOURNAL 15 

S.B. 1594, a bill to allow a three percent discount to merchants for collecting State 
sales and use taxes. 

Referred to Finance Committee. 

REPORT OF SELECT COMMITTEE 

Senator Johnson of Wake submits an interim report from the Joint Select Committee 
on Low-Level Radioactive Waste. The Senate accepts the report. (It is noted the 
Report is placed on file in the Legislative Library.) 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

S.B. 1560, an act to provide for a special election in the City of Albemarle to elect 
two council members from districts, so as to carry out a federal court judgement. (Ch. 
881) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Hunt of Moore, Seymour, and Daniel: 

S.B. 1578, a bill to appropriate funds for the North Carolina Senior Games Pro- 
gram. 

Referred to Appropriations Committee. 

By Senators Royall, Seymour, and Daniel: 

S.B. 1579, a bill to appropriate funds to further capitalize the Clean Water Revolv- 
ing Loan and Grant Fund. 

Referred to Appropriations Committee. 

By Senators Royall, Barker, Basnight, Block, Bryan, Conder, Daniel, Guy, Hipps, 
Hunt of Moore, Martin of Pitt, Marvin, Parnell, Plyler, Rand, Rauch, Sands, 
Seymour, Soles, Speed, Staton, Taft, Tally, Thomas, Ward, Warren, and Winner: 

S.B. 1580, a bill to authorize the creation of North Carolina Enterprise Corpora- 
tions. 

Referred to Finance Committee. 



REFERRAL TO COMMITTEE 

H.B. 1237 (Committee Substitute No. 3), a bill to regulate investment advisers. 

The Chair recalls House Committee Substitute bill No. 3 ordered held in the Office 
of the Principal Clerk, pursuant to Rule 41(b) on August 14, 1987, and orders the 
Committee Substitute bill read the first time. 

Referred to Judiciary IV Committee. 

On motion of Senator Harrington, seconded by Senator Guy, the Senate adjourns at 
1:50 P.M. to meet tomorrow at 1:30 P.M. 



June 7, 19J 



16 SENATE JOURNAL [Second Session 

ONE HUNDRED FORTIETH DAY 

Senate Chamber, 
Wednesday, June 8, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

, Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, we would celebrate this day. It's not an official holiday set aside by an 
act of Congress; it isn't even the beginning of something; nor does it mark the end of 
anything we know. 

"But Lord, it's Wednesday, and it is a most wondrous day. Early this morning it 
sprang fresh from Your hand and we have accepted it as Your good gift to us. 

"Receive now our gratitude for the beauty of the earth spread out before us, for the 
mystery of faith buried bone-deep within us, for the challenge of life You have placed 
around us. 

"We thank You, dear God, for this most wondrous Wednesday, and we say with our 
mothers and fathers of old: 'This is the day which the Lord has made; let us rejoice 
and be glad in it.' Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, Tuesday, June 7, has been examined and is found to be 
correct. On his motion, the Senate dispenses with the reading of the Journal and it 
stands approved as written. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Ward and Kaplan: 

S.B. 1581, a bill amending the Charter of the City of Winston-Salem relating to 
notice of special elections. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Hipps and Thomas: 

S.B. 1582, a bill to exempt the City of Waynesville from having to provide actual 
notice of zoning hearings concerning extension of zoning into an extraterritorial area. 
Referred to Local Government and Regional Affairs II Committee. 

By Senators Rand and Seymour: 

S.B. 1583, a bill to extend the life of the Adoptions and Surrogate Parenthood 
Study Commission and to make an additional appropriation therefor. 
Referred to Appropriations Committee. 

By Senator Rand: 

S.B. 1584, a bill to appropriate funds to allow agencies to sponsor annual employee 
appreciation events. 

Referred to Appropriations Committee. 

By Senators Rand and Hunt of Durham: 

S.B. 1585, a bill to increase the death benefit under the Teachers' and State Em- 
ployees' Retirement System. 

Referred to Pensions and Retirement Committee. 



June 8, 1988 



1988] SENATE JOURNAL 17 

By Senators Rand and Plyler: 

S.B. 1586, a bill to appropriate funds to the Department of Human Resources, 
Division of Health Services for the United Cerebral Palsy of North Carolina. 
Referred to Appropriations Committee. 

By Senator Rand: 

S.J.R. 1587, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to extend the Administrative Rules Review 
Commission review of existing rules of certain agencies. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Rand: 

S.J.R. 1588, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to make permanent an act permitting grand 
juries to investigate drug trafficking, and concerning criminal contempt and immunity. 

On motion of Senator Rand, the joint resolution is placed before the Senate for 
immediate consideration. The joint resolution passes it second (electronically re- 
corded) and third readings and is ordered, without objection, sent to the House of 
Representatives by special messenger. 

By Senator Martin of Pitt: 

S.B. 1589, a bill to make technical changes to the legislation authorizing creation 
of the Wilson Tourism Development Authority. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Winner and Swain: 

S.B. 1590, a bill to appropriate funds for Asheville Chamber Music's Endowment 
Trust Fund. 

Referred to Appropriations Committee. 

By Senators Barker, Basnight, Block, Guy, and Soles: 

S.B. 1591, a bill to direct the Environmental Management Commission to study 
wastewater disposal alternatives and to authorize the construction of a wastewater dis- 
posal alternative in the coastal area. 

Referred to Appropriations Committee. 

By Senators Barker, Basnight, Block, Guy, and Soles: 

S.B. 1592, a bill to establish the Shellfish Relay System Reserve and to appropriate 
funds to the reserve for use if the red tide or another natural occurrence causes shell- 
fish waters to be closed. 

Referred to Appropriations Committee. 

By Senators Barker and Rand: 

S.B. 1593, a bill to appropriate funds for the Eastern North Carolina Tomorrow 
Program to encourage planned economic growth and development in the region. 
Referred to Appropriations Committee. 

By Senator Bryan: 

S.B. 1595, a bill to appropriate construction funds to Iredell Developmental Day 
Centers, Inc., for its Adult Learning Center. 
Referred to Appropriations Committee. 



^ ■ June 8, 1988 

V ■ 



18 , SENATE JOURNAL [Second Session 

By Senators Guy, Barker, Basnight, and Harris: 

S.B. 1596, a bill to provide that the Department of Natural Resources and Commu- 
nity Development, Marine Fisheries Division in cooperation with the Department of 
Human Resources, Shellfish Sanitation Branch may construct a pilot depuration plant. 

Referred to Appropriations Committee. 

By Senator Guy: 

S.B. 1597, a bill to increase the fine for unauthorized parking in a handicapped 
parking space in the City of Jacksonville. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Martin of Pitt: 

S.B. 1598, a bill redefining the city limits of the City of Wilson. 

Referred to Local Government and Regional Affairs I Committee. 

By Senators Smith and Somers: 

S.B. 1599, a bill to restore the Mayor-Council form of government in the Town of 
Landis. 

Referred to Local Government and Regional Affairs II Committee. 

By Senators Smith and Somers: 

S.B. 1600, a bill to clarify the manner of election of the new Rowan-Salisbury 
Board of Education. 

Referred to Education Committee. 

By Senators Rauch, Harris, Rand, and Hipps: 

S.B. 1601, a bill to limit the income tax dependency exemption to relatives and 
foster children of the taxpayer and dependents of whom the taxpayer has legal cus- 
tody. 

Referred to Finance Committee. 

By Senator Block: '" 

S.B. 1602, a bill to incorporate the village of St. Helena in Pender County. 
Referred to Local Government and Regional Affairs I Committee. 

By Senator Allran: 

S.B. 1603, a bill to conform Catawba County School Board appointments to the 
provisions of G.S. 115C-37. 

Referred to Education Committee. 

By Senator McDuffie: 

S.B. 1604, a bill concerning the regulation, restraint, and prohibition of junked 
motor vehicles in Mecklenburg County. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator McDuffie: 

S.B. 1605, a bill exempting sailboards (wind surfboards) from a local modification 
for Mecklenburg County of G.S. 75A-6. 

Referred to Local Government and Regional Affairs I Committee. 



June 8, 1988 



1988] SENATE JOURNAL 19 

By Senator McDuffie: 

S.B. 1606, a bill to amend Chapter 506, 1987 Session Laws, regarding the Char- 
lotte Firefighters' Retirement System. 

Referred to Pensions and Retirement Committee. 

By Senator Bryan: 

S.B. 1607, a bill to appropriate funds for the construction of a new facility for 
Alexander Handycrafts, an Adult Developmental Activity Program for developmen- 
tally disabled adults in Alexander County. 

Referred to Appropriations Committee. 

By Senator Guy: 

S.B. 1608, a bill to amend the law regarding appointments to the Board of Com- 
missioners of the Onslow Memorial Hospital Authority. 

Referred to Local Government and Regional Affairs I Committee. 



RE-REFERRAL 

S.B. 1558, a bill to modify the form of election of the Pamlico County Board of 
Commissioners and the Pamlico County Board of Education so as to implement a 
federal court judgment. 

On motion of Senator Kaplan, without objection, the rules are suspended and the 
bill is taken from the Election Laws Committee and re-referred to the Local 
Government and Regional Affairs II Committee. 



, REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 

follows: 

By Senator Rauch for the Finance Committee. 

S.B. 1580, a bill to authorize the creation of North Carolina Enterprise Corpora- 
tions, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted, constituting the first reading of the bill. 

On motion of Senator Rauch the Committee Substitute bill is placed on the Calendar 
for Thursday, June 9, upon second reading. 

On motion of Senator Harrington, seconded by Senator Parnell, the Senate adjourns 
at 2:00 P.M. to meet tomorrow at 1:30 P.M. 



June 8, 1988 



20 . SENATE JOURNAL [Second Session 

ONE HUNDRED FORTY-FIRST DAY 

Senate Chamber, 
Thursday, June 9, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"God of Living Faith, our eyes have never seen Thee, nor have our hands touched 
Thee. 

"Yet, we are bold to believe Your eyes see us, and, like the potters of Jugtown, 
Divine Hands have left fingerprints upon these lives of ours. 

"The Scriptures say Moses endured as seeing Him Who is invisible. 

"What we ask of Thee today, most gracious God, is for the gift of faith — faith like 
the bird who, sensing the light, sings while the dawn is yet dark. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, Wednesday, June 8, has been examined and is found to 
be correct. On his motion, the Senate dispenses with the reading of the Journal and it 
stands approved as written. 

The President grants a leave of absence to Senator Staton for today. 

On motion of Senators Kaplan and Ward, the Chair extends courtesies of the gallery 
to Ned Smith, former Representative from Forsyth County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Rauch for the Finance Committee: 

S.B. 1594, a bill to allow a three percent discount to merchants for collecting State 
sales and use taxes, with a favorable report, as amended. 

By Senator Swain for the Judiciary III Committee: 

H.B. 826, a bill to clarify the definition of bodily injury for children in domestic 
violence under Chapter SOB, with an unfavorable report as to bill, but favorable as to 
Senate Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended and the Senate Committee 
Substitute bill which changes the title to read H.B. 826 (Senate Committee Substitute) 
a bill to amend Chapter SOB by clarifying the definition of bodily injury for children in 
domestic violence cases, by allowing the filing of a motion in certain existing actions 
for domestic violence relief, and by requiring notice of hearings for emergency relief, is 
placed before the Senate for immediate consideration. 

On motion of Senator Swain, the Senate Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for Friday, June 10, for further consid- 
eration upon second reading. 

REMOVAL FROM COMMITTEE 

S.J.R. 1569, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to increase the amount of the assessment 
that can be levied for the promotion of the sale and use of tobacco. 



June 9, 1988 



1988] SENATE JOURNAL 21 

On motion of Senator Soles, the rules are suspended, without objection, and the 
joint resolution is taken from the Rules and Operations of the Senate Commit- 
tee and is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Shaw, Allran, Bryan, Cobb, Johnson of Cabarrus, Kincaid, McDuffie, 
Simpson, Smith, and Somers: 

S.B. 1609, a bill to restore the retailer's discount for timely payment of sales and 
use taxes. 

Referred to Finance Committee. 

By Senator Martin of Pitt: 

S.B. 1610, a bill to exempt the Town of Bethel and the Town of Robersonville from 
certain zoning notice requirements. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Cobb: 

S.J.R. 1611, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to require drug traffickers to serve time 
sentenced, to provide life imprisonment for drug traffickers engaged in a continuing 
criminal enterprise, and to make permanent provisions for convening a special investi- 
gative grand jury to investigate drug trafficking. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Guy: 

S.B. 1612, a bill to update the reference to the Internal Revenue Code used to 
determine certain taxable income and tax exemptions. 
Referred to Finance Committee. 

By Senator Sands: 

S.B. 1613, a bill to clarify the procedure for the confiscation and disposition of 
deadly weapons in Rockingham County. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Harrington: 

S.B. 1614, a bill allowing construction of the Bertie County office building using the 
design-build contract system. 

Referred to Local Government and Regional Affairs I Committee. 

By Senator Staton: 

S.B. 1615, a bill to authorize the City of Raleigh to levy a motor vehicle tax not to 
exceed ten dollars. 

Referred to Finance Committee. 



June 9, 1988 



22 SENATE JOURNAL [Second Session 

By Senator Daniel: 

S.B. 1616, a bill to change the manner of election of the Caswell County Board of 
Commissioners and the Caswell County Board of Education so as to implement a fed- 
eral court order. 

Referred to Local Government and Regional Affairs I Committee. 

. By Senator Block: 

S.B. 1617, a bill to amend Chapter 505 of the 1983 Session Laws, regarding the 
Wilmington Firemen's Benefit Fund. 

Referred to Pensions and Retirement Committee. - 

By Senator Block: 

S.B. 1618, a bill relating to Pender County. 

Referred to Local Government and Regional Affairs II Committee. 

By Senator Block: 

S.B. 1619, a bill relating to New Hanover County. 

Referred to Local Government and Regional Affairs II Committee, 

By Senators Royall and Plyler: 

S.B. 1620, a bill to require actuarial notes for changes in health, disability, and 
related benefits for teachers and State employees. 
Referred to Appropriations Committee. 

By Senator Rand: , 

S.B. 1621, a bill to amend the North Carolina Technological Development 
Authority's enabling legislation regarding ownership of incubator facilities to increase 
public/private partnerships. 

Referred to Judiciary IV Committee. 

By Senator Rand: 

S.B. 1622, a bill to establish a matching grant program for Entrepreneurial Coun- 
cils in the Department of Commerce. 

Referred to Appropriations Committee. 

By Senators Bryan and Allran: 

S.B. 1623, a bill to appropriate funds for the Yadkin County Senior Center. 
Referred to Appropriations Committee. 

By Senators Bryan and Allran: 

S.B. 1624, a bill to appropriate funds for the Hiddenite Center. 
Referred to Appropriations Committee. 

By Senator Speed: 

S.B. 1625, a bill to appropriate funds to Wake County, Lead Agency, for the 
preparation of the environmental assessment and preliminary engineering for the Little 
River Reservoir. 

Referred to Appropriations Committee. 

By Senator Plyler: 

S.B. 1626, a bill to correct the corporate boundaries of the Town of Marshville. 
Referred to Local Government and Regional Affairs II Committee. 



June 9, 1988 



1988] SENATE JOURNAL 23 

By Senator Sherron: 

S.B. 1627, a bill to appropriate funds to the Tammy Lynn Memorial Foundation, 
Inc., for capital improvements. 

Referred to Appropriations Committee. 

By Senator Soles: 

S.B. 1628, a bill to rewrite Chapter 55 of the General Statutes relating to business 
corporations. 

Referred to Judiciary IV Committee. 

By Senator Rand: 

S.J.R. 1629, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider "a bill to be entitled an act to provide that a person convicted of drug 
trafficking is not eligible for good time, gain time, early release, or early parole unless 
he is found to have rendered substantial assistance in identifying, arresting, or con- 
victing other parties to the crime." 

Referred to Rules and Operation of the Senate Committee. 

By Senator Rand: 

S.B. 1630, a bill to appropriate funds for the expansion of the North Carolina Cen- 
ter for Literacy Development. 

Referred to Appropriations Committee. 

By Senator Johnson of Wake: 

S.B. 1631, a bill to provide fee setting authority for the North Carolina Low-Level 
Radioactive Waste Management Authority, to impose a tax on the gross receipts of a 
low-level radioactive waste disposal facility and the Hazardous Waste Treatment 
Commission's Facility, to set the amount of the low-level radioactive waste disposal 
facility local application fee, to provide additional fee setting authority for the Radia- 
tion Protection Commission, to implement the recommendations of the Joint Select 
Committee on Low-Level Radioactive Waste and the Inter-Agency Committee on 
Low-Level Radioactive Waste, to make clarifying and technical amendments to the 
North Carolina Low-Level Radioactive Waste Management Authority Act of 1987, to 
provide authority for the interstate agreements to treat and dispose of hazardous waste 
outside the State, to limit annexation of low-level radioactive waste disposal facilities 
and the Hazardous Waste Treatment Commission's facility, and to make conforming 
changes to other laws. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Speed: 

S.B. 1632, a bill to amend the Charter of the Town of Knightdale relating to drive- 
ways, site plan and subdivision approval, road or drainage project fees, and open 
space project fees, recreational fees, public safety project fees. 

Referred to Local Government and Regional Affairs I Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1580 (Committee Substitute), a bill to authorize the creation of North Caro- 
lina Enterprise Corporations, upon second reading. 

Without objection, on motion of Senator Rauch, the Committee Substitute bill is 
placed on the Calendar for Friday, June 10, for consideration. 



June 9, 1988 



24 SENATE JOURNAL [Second Session 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Warren for the Education Committee: 

S.B. 1600, a bill to clarify the manner of election of the new Rowan-Salisbury 
Board of Education, with a favorable report. 

On motion of Senator Harrington, seconded by Senator Martin of Pitt, the Senate 
adjourns at 2:00 P.M. to meet tomorrow at 10:00 A.M. 



ONE HUNDRED FORTY-SECOND DAY 

Senate Chamber, 
Friday, June 10, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, as we come to the close of a legislative week, and turn our faces 
homeward; in addition to journeying mercies, O Lord, we would ask for a sense of 
satisfaction that, during these days, we have served the people of this State well. 

"Whether we are lifting up our eyes unto the hills or passing the furrowed fields of a 
coastal plain, we offer to Thee, most gracious God, our thanks and praise for this 
'goodliest land. ' 

"And as we turn again home, may the ear of our hearts catch the faint echo of a 
song we once sang with our schoolmates: 

'Carolina! Carolina! Heaven's blessings attend her, 
while we live we will cherish, protect, and defend 
her.* Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, Thursday, June 9, has been examined and is found to be 
correct. On his motion, the Senate dispenses with the reading of the Journal and it 
stands approved as written. 

The President grants leaves of absence to Senators Martin of Pitt, Staton, 
McDuffie, and Johnson of Cabarrus. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Rauch for the Finance Committee: 

S.B. 1576, a bill to allow the Town of Rolesville to impose impact fees, with a 
favorable report. 



June 10, 1988 



1988] ^ SENATE JOURNAL 25 

S.B. 1601, a bill to limit the income tax dependency exemption to relatives and 
foster children of the taxpayer and dependents of whom the taxpayer has legal cus- 
tody, with a favorable report. 

H.B. 1273, a bill to provide permanent registration plates for disaster relief motor 
vehicles, with a favorable report. 

S.B. 1573, a bill to create the North Carolina Solid Waste Management Revolving 
Loan Program, with a favorable report, as amended. 

On motion of Senator Rauch, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendments No. 1 and No. 2 are 
adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 

H.B. 406 (Committee Substitute No. 2), a bill to amend the seed law and to ap- 
propriate funds to improve the seed testing program of the Department of Agriculture, 
with a favorable report, as amended. 

By Senator Warren for the Education Committee: 

H.B. 837 (Committee Substitute), a bill to permit home instruction, under certain 
conditions, as a means of complying with compulsory school attendance requirements, 
with a unfavorable report as to bill, but favorable as to Senate Committee Substitute 
bill. 

On motion of Senator Warren, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Warren, the Senate Committee Substitute bill is placed on the 
Calendar for Monday, June 13, for further consideration. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Allran: 

S.B. 1633, a bill to appropriate funds to the Catawba County Chamber of Com- 
merce, Inc., for expansion of the Catawba County Visitor Information Center facili- 
ties. 

Referred to Appropriations Committee. 

By Senator Allran: 

S.B. 16J4, a bill to appropriate funds to Catawba County for a pretrial release pilot 
program. 

Referred to Appropriations Committee. 

By Senator Allran: 

S.B. 1635, a bill to appropriate funds to the Catawba County Association for Spe- 
cial Education for purchase of a bus. 

Referred to Appropriations Committee. 

By Senator Allran: 

S.B. 1636, a bill to appropriate funds to the Town of Catawba Historical Associa- 
tion Incorporated for the renovation of the Dr. Quintus M. Little House in Catawba, 
North Carolina. 

Referred to Appropriations Committee. 



June 10, 1988 



26 SENATE JOURNAL [Second Session 

By Senator Allran: ' 

S.B. 1637, a bill to appropriate funds to Catawba County for an operations base for 
rescue and emergency medical services operations. 
Referred to Appropriations Committee. 

By Senators Ward and Kaplan: 

S.B. 1638, a bill to appropriate funds for the Southeastern Center for Contempo- 
rary Art for capital improvements. 

Referred to Appropriations Committee. 

By Senators Seymour, Royall, Ward, Martin of Guilford, and Kaplan: 

S.B. 1639, a bill to appropriate funds to the Autism Society of North Carolina, 
Inc., for continuing operations. 

Referred to Appropriations Committee. 

By Senators Seymour, Royall, Ward, Martin of Guilford, and Kaplan: 

S.B. 1640, a bill to appropriate funds for the operation of a regional center for the 
triad as an expansion of the existing statewide TEACCH program to assist autistic 
adults and children. 

Referred to Appropriations Committee. , 

By Senators Tally and Rand: 

S.B. 1641, a bill to appropriate funds for Cumberland teacher staff development. 
Referred to Appropriations Committee. 

By Senators Block, Guy, Barker, and Soles: 

S.B. 1642, a bill to appropriate funds for Marine Research and Development Cres- 
cent. 

Referred to Appropriations Committee. 

By Senator Ezzell: 

S.J.R. 1643, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to conform the General Statutes to an 
opinion of the United States Supreme Court by requiring notice to known creditors of 
the last date for presentation of claims against a decedent's estate as recommended by 
the General Statutes Commission. 

On motion of Senator Ezzell, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger. 

By Senator Barker: 

S.J.R. 1644, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to allow the district court to sit in 
Havelock. 

On motion of Senator Barker, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes it second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger. 



June 10, 1988 



1988] SENATE JOURNAL 27 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 2190, a bill to annex certain territory to the Town of Stoneville at a specified 
future date. 

Referred to Local Government and Regional Affairs H Committee. 

H.B. 2198, a bill to allow the City of Statesville to lease airport property for up to 
20 years without treating it as a sale. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 2233, a bill to authorize the Town of Ahoskie to execute contracts for renova- 
tion of its regional small business incubator. 

Referred to Local Government and Regional Affairs I Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1600, a bill to clarify the manner of election of the new Rowan-Salisbury 
Board of Education. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 1580 (Committee Substitute), a bill to authorize the creation of North Caro- 
lina Enterprise Corporations, upon second reading. 

On motion of Senator Rauch, the Committee Substitute bill is placed, without objec- 
tion, on the Calendar for Monday, June 13, for consideration. 

S.B. 1594, a bill to allow a three percent discount to merchants for collecting State 
sales and use taxes. 

Without objection, the following Senators are excused from voting for the stated 
reasons: 

Senator Kaplan— "I am in the retail business." 

Senator Hardison — "No reason stated." 

On motion of Senator Guy, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (electronically recorded). 

Senator Walker objects to the third reading of the bill. 

The bill, as amended, is ordered placed on the Calendar for Monday, June 13, for 
further consideration, upon third reading. 

H.B. 826 (Senate Committee Substitute), a bill to amend Chapter SOB by clarifying 
the definition of bodily injury for children in domestic violence cases, by allowing the 
filing of a motion in certain existing actions for domestic violence relief, and by requir- 
ing notice of hearings for emergency relief. 

The Senate Committee Substitute bill, passes its second reading (electronically re- 
corded). 

Senator Winner objects to the third reading of the bill. 

On motion of Senator Winner, further consideration of the Senate Committee Sub- 
stitute bill is postponed, without objection, until Tuesday, June 14. 

RE-REFERRAL 

H.B. 687, a bill to amend the State Farm Operations Commission Law. 

On motion of Senator Barnes, without objection, the rules are suspended and the 
bill is taken from the Appropriations Committee and re-referred to the Judici- 
ary I Committee. 



June 10, 1988 



28 . SENATE JOURNAL [Second Session 

On motion of Senator Harrington, seconded by Senator Basnight, the Senate ad- 
journs at 11:00 A.M. to meet Monday, June 13, at 8:00 P. M. 



ONE HUNDRED FORTY-THIRD DAY 

Senate Chamber, 
Monday, June 13, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O God, we have been told, 'politics is the art of the possible. * As we begin a new 
workweek, we ask Your help in finding that delicate balance between integrity and 
compromise. 

"Teach us, O Lord to bend without breaking; to disagree without being disagree- 
able; to affirm others without becoming like the chameleon which takes the color of 
those around it. 

"Save us. Kind Father, from the folly of running with the rabbits on Monday, and 
hunting with the hounds on Tuesday. 

"As Peter Marshall once prayed to you on behalf of another Senate, 'Help us to 
stand for something. Dear God, or else, we might fall for anything.' Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday, June 10, has been examined and is found to be correct. On 
his motion, the Senate dispenses with the reading of the Journal and it stands ap- 
proved as written. 

The President grants a leave of absence to Senator Johnson of Cabarrus for tonight. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Winner and Guy: 

S.B. 1645, a bill to modify the formula for reimbursing local governments for reve- 
nue lost due to the repeal of property taxes on inventories and to make technical 
changes. 

Referred to Finance Committee. 

By Senators Rand, Taft, Barker, Basnight, Block, Daniel, Ezzell, Goldston, Har- 
dison, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Plyler, and 
Richardson: 

S.B. 1646, a bill to create a commission to study the need for a North Carolina 
Birth-Related Neurological Impairment Compensation Act. 
Referred to Appropriations Committee. 

By Senator Hipps: 

S.B. 1647, a bill to appropriate funds for the Haywood County Health Department 
to locate and eliminate illegal discharges of sewage into streams. 
Referred to Appropriations Committee. 



June 13, 1988 



1988] SENATE JOURNAL 29 

By Senators Thomas and Seymour: 

S.B. 1648, a bill to appropriate funds to provide developmental day care for all 
children needing such care. 

Referred to Appropriations Committee. 

By Senator Barnes: 

S.B. 1649, a bill to appropriate funds for Wayne Community College campus build- 
ing construction. 

Referred to Appropriations Committee. 

By Senators Parnell: 

S.B. 1650, a bill to establish a public defender's office injudicial district 16B. 
Referred to Judiciary IV Committee. 

By Senators Parnell and Seymour: 

S.B. 1651, a bill to appropriate funds to the North Carolina Commission of Indian 
Affairs for the Indian Cultural Center in Roberson County for protection and mainte- 
nance of the site and land purchase. 

Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 1652, a bill to add an additional Superior Court judgeship in judicial district 
16B. 
Referred to Judiciary IV Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill, which is read the first time and disposed of as follows: 

H.B. 2172, a bill to allow the City of Kinston and Lenoir County to acquire land for 
industrial development and dispose of same without public sale. 

Referred to Local Government and Regional Affairs I Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1576, a bill to allow the Town of Rolesville to impose impact fees, upon sec- 
ond reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Mar- 
vin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, 
Shaw, Sherron, Simpson, Smith, Soles, Somers, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner — 45. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

S.B. 1580 (Committee Substitute), a bill to authorize the creation of North Caro- 
lina Enterprise Corporations, upon second reading. 

On motion of Senator Rauch, the Committee Substitute bill is placed, without objec- 
tion, on the Calendar for Tuesday, June 14, for consideration. 



June 13, 1988 



30 SENATE JOURNAL [Second Session 

S.B. 1601, a bill to limit the income lax dependency exemption to relatives and 
foster children of the taxpayer and dependents of whom the taxpayer has legal cus- 
tody, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Conder, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Marvin, 
McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, 
Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner — 45. 

Voting in the negative: Senator Ezzell— 1. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 406 (Committee Substitute No. 2), a bill to amend the seed law and to ap- 
propriate funds to improve the seed testing program of the Department of Agriculture, 
upon second reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

The Committee Substitute No. 2 bill, as amended, passes its second reading by 
roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Mar- 
vin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, 
Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill No. 2, as amended, is ordered placed on the Calen- 
dar for tomorrow for further consideration upon third reading. 

H.B. 1273, a bill to provide permanent registration plates for disaster relief motor 
vehicles, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin 
of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner — 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 837 (Senate Committee Substitute), a bill to permit home instruction, under 
certain conditions, as a means of complying with compulsory school attendance re- 
quirements. 

Senator Marvin offers Amendment No. 1 which she subsequently withdraws. 

Senator Marvin offers a motion that the Senate Committee Substitute bill be placed 
on the Calendar for Tuesday, June 14, for further consideration which motion fails to 
prevail. 

The Senate Committee Substitute bill passes its second reading (electronically re- 
corded). 

Senator Marvin objects to the third reading of the Senate Committee Substitute bill. 

The Senate Committee Substitute bill is ordered placed on the Calendar for tomor- 
row for further consideration upon third reading. 



June 13, 1988 



1988] SENATE JOURNAL 31 

S.B. 1594, a bill to allow a three percent discount to merchants for collecting State 
sales and use taxes, as amended, upon third reading. 

Without objection. Senator Kaplan is excused from voting for the following reason: 
"Conflict of interest." 

The bill, as amended, passes its third reading (electronically recorded) and is or- 
dered engrossed and sent to the House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill, which is read the first time and disposed of as follows: 

H.B. 2227, a bill to authorize the creation of North Carolina Enterprise Corpora- 
tions. 

Senator Rauch offers a motion that the bill be placed on the Calendar for Tuesday, 
June 14, upon second reading, which motion prevails without objection. 

The President recognizes the following pages serving in the Senate this week: J. J. 
Barker, Oriental; Mary Barker, Oriental; Noelle Lyn Blasi, Cary; Barry Reid Byers, 
Gastonia; Jarrett Heath Cheek, Hickory; Melanie Ann Flowers, Buies Creek; Kelly 
Faye Formy-Duval, Lumberton; David Martin Gooden, Raleigh; Vickie Gregory, 
Raleigh; Kristin Hanks, Raleigh; Holly Susan Harmon, Kings Mountain; Julian Picott 
Harrington, Lewiston; Norfleet Wynne Harrington, Lewiston; Stephanie James, 
Robersonville; Agyeman Nividious Johnson, Durham; Jonathan Marcus King, 
Raleigh; Dana Danielle Nolen, Kings Mountain; Edward Thomas Parker, Wanchese; 
Josh Parrott, Raleigh; Stuart Thompson Serine, Manteo; Shannon Kimberly 
Seymour, Raleigh; Tracy Anne Seymour, Raleigh; Robert Shaw, Monroe; Todd 
Shull, Raleigh; Stephanie Suski, Raleigh; Steven John Sutton, Wrightsville Beach; 
and Shannon Webb, Ellerbe. 

On motion of Senator Harrington, seconded by Senator Martin of Pitt, the Senate 
adjourns at 8:50 P.M. to meet tomorrow at 1:30 P.M. 



ONE HUNDRED FORTY-FOURTH DAY 

Senate Chamber, 
Tuesday, June 14, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, in memory of Dr. 
Edward H. Pruden, a former Senate Chaplain, by offering a prayer first offered by Dr. 
Pruden. 

Led by the Lieutenant Governor, the Senators and guests remain standing, and 
pledge their allegiance to the United States of America commemorating this day set 
aside honoring the American flag. 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, June 13, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 



June 14. 1988 



32 SENATE JOURNAL [Second Session 

The President grants a leave of absence to Senator Walker for today. 

The Chair extends courtesies of the gallery to Cecil Hill, former Senator from Tran- 
sylvania County and former Judge of the North Carolina Court of Appeals. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

S.B. 1567, a bill to make conforming amendments to certain local acts to reflect 
Chapter 509, Session Laws of 1987, as recommended by the Legislative Research 
Commission, with a favorable report. 

H.B. 1237 (Committee Substitute No. 3), a bill to regulate investment advisers, 
with a unfavorable report as to Committee Substitute bill No. 3, but favorable as to 
Senate Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Soles, the Senate Committee Substitute bill is re-referred to 
the Finance Committee. 

By Senator Ezzell for the Local Government and Regional Affairs I Com- 
mittee: 

S.B. 1565, a bill to allow Cleveland County to name and assign street numbers to 
private roads in unincorporated areas, with a favorable report. 

S.B. 1566, a bill changing the appointment of commissioners to the Pitt County 
Industrial Development Commission and enlargement of the County's powers to en- 
courage location of industrial prospects, with a favorable report. 

S.B. 1589, a bill to make technical changes to the legislation authorizing creation 
of the Wilson Tourism Development Authority, with a favorable report. 

S.B. 1598, a bill redefining the city limits of the City of Wilson, with a favorable 
report. 

S.B. 16(12, a bill to incorporate the village of St. Helena in Pender County, with a 
favorable report. 

S.B. 1604, a bill concerning the regulation, restraint, and prohibition of junked 
motor vehicles in Mecklenburg County, with a favorable report. 

S.B. 1610, a bill to exempt the Town of Bethel and the Town of -Robersonville from 
certain zoning notice requirements, with a favorable report. 

S.B. 1614, a bill allowing construction of the Bertie County office building using the 
design-build contract system, with a favorable report. 

S.B. 1632, a bill to amend the Charter of the Town of Knightdale relating to drive- 
ways, site plan and subdivision approval, road or drainage project fees, and open 
space project fees, recreational fees, public safety project fees, with a favorable re- 
port. 



June 14, 1988 



1988] SENATE JOURNAL 33 

H.B. 2233, a bill to authorize the Town of Ahoskie to execute contracts for renova- 
tion of its regional small business incubator, with a favorable report. 

S.B. 1616, a bill to change the manner of election of the Caswell County Board of 
Commissioners and the Caswell County Board of Education so as to implement a fed- 
eral court order, with a favorable report, as amended. 

By Senator Hunt of Moore for the Local Government and Regional Affairs 
II Committee: 

S.B. 1558, a bill to modify the form of election of the Pamlico County Board of 
Commissioners and the Pamlico County Board of Education so as to implement a 
federal court judgment, with a favorable report. 

S.B. 1568, a bill to allow Transylvania County to convey to Transylvania Voca- 
tional Services Foundation, Inc., certain real estate at private sale, with a favorable 
report. 

S.B. 1581, a bill amending the Charter of the City of Winston-Salem relating to 
notice of special elections, with a favorable report. 

S.B. 1613, a bill to clarify the procedure for the confiscation and disposition of 
deadly weapons in Rockingham County, with a favorable report. 

S.B. 1626, a bill to correct the corporate boundaries of the Town of Marshville, 
with a favorable report. 

H.B. 2190, a bill to annex certain territory to the Town of Stoneville at a specified 
future date, with a favorable report. 

H.B. 2198, a bill to allow the City of Statesville to lease airport property for up to 
20 years without treating it as a sale, with a favorable report. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Seymour: 

S.B. 1653, a bill to appropriate funds for the North Carolina Shakespeare Festival. 
Referred to Appropriations Committee. 

By Senators Basnight and Harrington: 

S.B. 1654, a bill to appropriate funds for the Roanoke-Chowan Education Center. 
Referred to Appropriations Committee. 

By Senator Hardison: 

S.B. 1655, a bill to appropriate funds to the Neuse River Council of Government for 
administrative costs of the small business loan program. 
Referred to Appropriations Committee. 

By Senator Hardison: 

S.B. 1656, a bill to appropriate funds to Jones County for an agricultural center. 
Referred to Appropriations Committee. 



June 14, 1988 



34 SENATE JOURNAL [Second Session 

By Senator Hardison: ' . ,- 

S.B. 1657, a bill to appropriate funds to the City of Kinston for the development of 
Harvey Gardens. 

Referred to Appropriations Committee. 

By Senator Hardison: 

S.B. 1658, a bill to appropriate funds for construction of the Florence Crittenton 
Home for Unwed Mothers. 

Referred to Appropriations Committee. 

By Senators Winner and Swain: 

S.B. 1659, a bill to appropriate funds for the Historic McElroy House in Yancey 
County. 

Referred to Appropriations Committee. 

By Senators Winner and Swain: 

S.B. 1660, a bill to appropriate funds for the Southern Appalachian Regional 
Theater. 

Referred to Appropriations Committee. 

By Senator Sands: 

S.B. 1661, a bill to increase the maximum number of magistrates for Stokes 
County by two. 

Referred to Judiciary IV Committee. 

By Senator Hipps: 

S.B. 1662, a bill to authorize the use of funds available to the Wildlife Resources 
Commission for a visitor's center and laboratory complex at the Pisgah Forest Fish 
Hatchery. 

Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 2168, a bill to clarify that the Washington City Board of Education fills its 
own vacancies. 

Referred to Education Committee. 

H.B. 2196, a bill to allow Cabarrus Memorial Hospital to award an associate de- 
gree to graduates of its nursing education program. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 2199, a bill to allow the City of Brevard to dispose of certain real property by 
private negotiation and sale. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 2204, a bill to add two members to the Martin County and the Bertie County 
Alcoholic Beverage Control Boards. 

Referred to Alcoholic Beverage Control Committee. 

H.B. 2208, a bill to allow Alamance County to name and assign street numbers to 
private roads in unincorporated areas. 

Referred to Local Government and Regional Affairs I Committee. 



June 14, 1988 



1988] SENATE JOURNAL 35 

H.B. 2238, a bill lo allow the Goldsboro- Wayne Airport Authority to enter into 
longer-term leases. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 2250, a bill to provide for a modified distribution of the local proceeds from 
operation of alcoholic beverage control stores in the Town of Highlands, Macon 
County. 

Referred to Alcoholic Beverage Control Committee. 

H.B. 2263, a bill to restore the mayor-council form of government in the Town of 
Landis. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 2273, a bill to make technical changes to the legislation authorizing creation 
of the Wilson Tourism Development Authority. 

Referred to Local Government and Regional Affairs I Committee. 



CALENDAR 

pills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1576, a bill to allow the Town of Rolesville to impose impact fees, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Ward, Warren, and Winner — 45. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1601, a bill to limit the income tax dependency exemption to relatives and 
foster children of the taxpayer and dependents of whom the taxpayer has legal cus- 
tody, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, 
Taft, Tally, Thomas, Ward, Warren, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H.B. 406 (Committee Substitute No. 2), a bill to amend the seed law and to ap- 
propriate funds to improve the seed testing program of the Department of Agriculture, 
as amended, upon third reading. 

The Committee Substitute bill No. 2, as amended, passes its third reading by roll- 
call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Ezzell, Goldston, Hardison, Harrington, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kin- 
caid, Martin of Pitt, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, 
Staton, Swain, Taft, Tally, Thomas, Ward, Warren, and Winner— 46. 



June 14, 1988 



36 SENATE JOURNAL [Second Session 

Voting in Ihe negative: None. 

The Committee Substitute bill No. 2, as amended, is ordered sent to the House of 
Representatives for concurrence in Senate Amendment No. 1. 

H.B. 1273, a bill to provide permanent registration plates for disaster relief motor 
vehicles, upon third reading. 

On motion of Senator Kaplan, the bill is placed, without objection, on the Calendar 
for Wednesday, June 15, for further consideration, upon third reading. 

S.B. 1580 (Committee Substitute), a bill to authorize the creation of North Caro- 
lina Enterprise Corporations, upon second reading. 

Senator Rauch offers a motion to temporarily displace the bill to allow consideration 
of its identical bill, H.B. 2227, a bill to authorize the creation of North Carolina 
Enterprise Corporations, which motion prevails. 

H.B. 2227, a bill to authorize the creation of North Carolina Enterprise Corpora- 
tions, upon second reading. 

Without objection, Senator Johnson of Wake is excused from voting for the follow- 
ing reason: 

"Possible conflict of interest in that my law firm represents as bond counsel many of 
those cities refinancing under the last section of the bill." 

Senator Thomas offers Amendment No. 1, held to be material, which he subse- 
quently withdraws. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Ward, Warren, and Win- 
ner— 48. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

S.B. 1580 (Committee Substitute), a bill to authorize the creation of North Caro- 
lina Enterprise Corporations, upon second reading. 

On motion of Senator Rauch, the Committee Substitute bill is placed on the Calen- 
dar for Wednesday, June 15, for consideration. 

H.B. 826 (Senate Committee Substitute), a bill to amend Chapter 50B by clarifying 
the definition of bodily injury for children in domestic violence cases, by allowing the 
filing of a motion in certain existing actions for domestic violence relief, and by requir- 
ing notice of hearings for emergency relief, upon third reading. 

Senator Winner offers Amendment No. 1 which is adopted (electronically re- 
corded). 

The Senate Committee Substitute bill, as amended, passes its third reading (elec- 
tronically recorded) and is ordered engrossed and sent to the House of Representatives 
for concurrence in the Senate Committee Substitute bill. 

H.B. 837 (Senate Committee Substitute), a bill to permit home instruction, under 
certain conditions, as a means of complying with compulsory school attendance re- 
quirements, upon third reading. 

Senator Marvin offers Amendment No. 2. 

After lengthy debate Senator Winner calls the previous question, seconded by Sena- 
tor Swain. The call is sustained. 

Amendment No. 2 is adopted (electronically recorded). 



June 14, 1988 



1988] SENATE JOURNAL 37 

The Senate Committee Substitute bill, as amended, passes its third reading (elec- 
tronically recorded) and is ordered engrossed and sent to the House of Representatives 
for concurrence in the Senate Committee Substitute bill. 

RE-REFERRAL 

H.B. 1240, a bill to make certain changes in the law regarding fraudulent disposal 
of property. 

On motion of Senator Johnson of Wake, the rules are suspended and the bill is 
taken from the Judiciary II Committee and re-referred to the Judiciary I Com- 
mittee. 

On motion of Senator Harrington, seconded by Senator Hunt of Durham, the Sen- 
ate adjourns at 3:10 P.M. to meet tomorrow at 1:30 P.M. 



ONE HUNDRED FORTY-FIFTH DAY 

Senate Chamber, 
,' Wednesday, June 15, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O Lord of Life, Whose law we would keep. Whose fellowship we would enjoy, and 
to Whose service we would be loyal. 

"Look with favor. Our Father, upon the members of this Senate as they set their 
hands to the duties of another legislative day. 

"Give them enough tears to keep them tender, enough weaknesses to keep their 
hands clenched tightly into Yours, and enough joyous success as shall assure that You 
are walking with them, through this world and the world to come. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, June 14, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted, read by their titles, to- 
gether with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Rauch for the Finance Committee: 

H.B. 256 (Committee Substitute), a bill to increase the tax exemption for compen- 
sation paid to members of the North Carolina organized militia. National Guard, with 
a favorable report. 

H.B. 300 (Committee Substitute), a bill to provide matching funds to rural volun- 
teer rescue squads, with a favorable report, as amended. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
Committee Amendment No. 1 is adopted. 



June 15, 1988 



38 SENATE JOURNAL [Second Session 

The Committee Substitute bill, as amended, is ordered re-referred to the Appro- 
priations Committee. 

H.B. 280, a bill to authorize Carteret County to levy a room occupancy and tourism 
development tax, with an unfavorable report as to bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Senate Committee 
Substitute bill which changes the title to read H.B. 280 (Senate Committee Substi- 
tute) , a bill to authorize Hertford County to levy a room occupancy and tourism devel- 
opment tax, is placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Senate Committee Substitute bill held to material 
is adopted, constituting the first reading and on his further motion is placed on the 
Calendar for tomorrow for further consideration, upon second reading. 

By Senator Winner for the Environment Committee: 

H.B. 1171 (Committee Substitute), a bill to improve administration of the Sedi- 
mentation Pollution Control Act of 1973, with an unfavorable report as to Committee 
Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Winner, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Winner, the Senate Committee Substitute bill is re-referred to 
the Finance Committee. 



CONFIRMATION OF APPOINTMENTS 

Senator Guy, Chairman of the State Government Committee, submits the fol- 
lowing report: 

In compliance with the provisions of G.S. 143B-426.37 requiring the appointee to 
the Office of State Controller be subject to confirmation by the General Assembly, 
Governor Martin has submitted his appointee, Fred W. Talton, for confirmation. The 
Governor has appointed Mr. Talton for a term ending June 30, 1994. 

The Senate Committee on State Government has considered the appointment and 
makes the following recommendation: 

That the appointment of Fred W. Talton to the Office of State Con- 
troller for the term ending June 30, 1994, be confirmed. 

The Chair orders the report placed on the Calendar for tomorrow for consideration. 

RE-REFERRALS 

S.B. 1650, a bill to establish a public defender's office in Judicial District 163. 
On motion of Senator Soles, the rules are suspended, and the bill is taken from the 
Judiciary IV Committee and re-referred to the Appropriations Committee. 

S.B. 1652, a bill to add an additional Superior Court judgeship in Judicial District 
16B. 

On motion of Senator Soles, the rules are suspended, and the bill is taken from the 
Judiciary IV Committee and re-referred to the Appropriations Committee. 

H.B. 1293 (Committee Substitute), a bill to require that checks on all new check- 
ing accounts at banks indicate the month and year in which the account was opened. 

On motion of Senator Plyler, the rules are suspended, and the Committee Substitute 
bill is taken from the Commerce Committee and re-referred to the Appropria- 
tions Committee. 



June 15, 1988 



1988] SENATE JOURNAL 39 

WITHDRAWAL FROM CALENDAR 

H.B. 1273, a bill to provide permanent registration plates for disaster relief motor 
vehicle, upon third reading. 

On motion of Sentor Goldston, the bill is removed from today's Calendar and is 
placed, without objection, on the Calendar for tomorrow, June 16. 

RECOMMITTANCE 

H.B. 858, a bill to bring North Carolina into compliance with a court decision 
concerning straight-ticket voting. 

On motion of Senator Kaplan the rules are suspended and the bill is taken from the 
Appropriations Committee and recommitted to the Election Laws Commit- 
tee. 

WITHDRAWAL FROM CALENDAR 

H.B. 256 (Committee Substitute), a bill to increase the tax exemption for compen- 
sation paid to members of the North Carolina organized militia, National Guard. 

On motion of Senator Rauch, the Committee Substitute bill is withdrawn from the 
Calendar of June 16, and is re-referred to the Ways and Means Committee. 

S.B. 1632, a bill to amend the Charter of the Town of Knightdale relating to drive- 
ways, site plan and subdivision approval, road or drainage project fees, and open 
space project fees, recreational fees, public safety project fees, upon second reading. 

On motion of Senator Speed, the bill is withdrawn from today's Calendar and is 
placed, without objection, on the Calendar for tomorrow, June 16. 

FIRST ORDER OF BUSINESS 

H.B. 2227, a bill to authorize the creation of North Carolina Enterprise Corpora- 
tions, upon third reading. 

On motion of Senator Rauch, the bill is set as the first order of business on today's 
Calendar. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Seymour, Parnell, Rand, and Sands: 

S.B. 1663, a bill to appropriate funds for a residential alternative to incarceration 
in Greensboro. 

Referred to Appropriations Committee. 

By Senators Ward, Conder, Danial, Hipps, Kaplan, Marvin, Plyler, Rand, Royall, 
Seymour, Tally, Walker, and Winner: 

S.B. 1664, a bill to establish a program of incentive grants for local school units to 
provide before and after school care for school age children. 
Referred to Education Committee. 

By Senator Parnell: 

S.B. 1665, a bill to expand community service parole availability, to provide for 
reimbursement of expenses to house female inmates at local confinement facilities, to 



June 15, 1988 



40 SENATE JOURNAL [Second Session 

appropriate funds to provide alternatives for relieving overcrowding in the State prison 
system, for capital improvements and satellite jail/work release units. 
Referred to Judiciary IV Committee. 

By Senator Goldston: 

S.B. 1666, a bill to appropriate funds to renovate and improve the old Cranberry 
High School in Avery County. 

Referred to Appropriations Committee. 

By Senator Barker: 

S.B. 1667, a bill to appropriate funds to the Department of Agriculture for the 
Watercraft Center at the North Carolina Maritime Museum in Beaufort County. 
Referred to Appropriations Committee. 

By Senators Marvin, Ward, Walker, Hipps, and Tally: 

S.B. 1668, a bill to provide standards for the removal and return of juveniles from 
their homes and to appropriate funds to the Office of Guardian Ad Litem Services 
under the Administrative Office of the Courts for dependency cases. 

Referred to Children and Youth Committee. 

By Senator Kincaid: "". . . 

S.B. 1669, a bill to appropriate funds to Caldwell Opportunities, Inc., in Caldwell 
County for operating expenses. 

Referred to Appropriations Committee. 

By Senator Kincaid: ' / 

S.B. 1670, a bill to appropriate funds to the Wilkes Day Care Association, Inc. , in 
Wilkes County for capital improvements. 
Referred to Appropriations Committee. 

By Senator Kincaid: 

S.B. 1671, a bill to appropriate funds to the Cranberrian Corporation in Avery 
County for renovation of the old Cranberry School. 
Referred to Appropriations Committee. 

By Senator Kincaid: 

S.B. 1672, a bill to appropriate funds for capital improvements to the Grassy Creek 
Volunteer Fire Department, Inc., and the Grassy Creek Rescue Squad, Inc., in 
Mitchell County. 

Referred to Appropriations Committee. 

By Senator Kincaid: 

S.B. 1673, a bill to appropriate funds to Caldwell Residential. Services, Inc., in 
Caldwell County for its residential services for abused and neglected children. 
Referred to Appropriations Committee. 

By Senator Simpson: 

S.B. 1674, a bill to establish the offense of impaired driving in commercial motor 
vehicles, to assess a fee for license revocation for the offense, and to increase the fee 
for a Class A or Class B license. 

Referred to Judiciary I Committee. 



June 15, 1988 



1988] SENATE JOURNAL 41 

By Senator Simpson: 

S.B. 1675, a bill to increase the immediate civil license revocation for certain per- 
sons charged with implied consent offenses from ten to thirty days and to provide a fee 
for the service of pick-up orders. 

Referred to Judiciary I Committee. 

By Senator Rand: 

S.B. 1676, a bill to appropriate funds for the Administrative Rules Review Commis- 
sion, to clarify the Commission's status as an independent agency, and to extend the 
review of certain existing rules. 

Referred to Appropriations Committee. 

By Senators Rand, Hunt of Moore, Goldston, and Block: 

S.B. 1677, a bill to appropriate funds to the Department of Commerce and to the 
Travel Council of North Carolina for tourism promotion. 
Referred to Appropriations Committee. 

By Senators Kaplan and Ward: 

S.B. 1678, a bill to appropriate funds for the Roger Page Business and Technology 
Center. 

Referred to Appropriations Committee. 

By Senators Kaplan and Ward: 

S.B. 1679, a bill to appropriate funds to the North Carolina Dance Theatre in For- 
syth County for operating expenses. 

Referred to Appropriations Committee. 

By Sentors Guy, Swain, and Winner: 

S.B. 1680, a bill to appropriate funds to the University of North Carolina Board of 
Governors for the Agricultural Extension Service at North Carolina State University for 
the Mitchell and Swannanoa 4-H camps. 

Referred to Appropriations Committee. 

By Senators Ward, Kaplan, and Tally: 

S.B. 1681, a bill to appropriate funds for the use of Old Salem, Incorporated, in 
Forsyth County. 

Referred to Appropriations Committee. 

By Senators Rand and Tally: 

S.B. 1682, a bill to appropriate funds for the Fayetteville/Cumberland County Bi- 
centennial Celebration of the United States Constitution. 
Referred to Appropriations Committee. 

By Senators Kaplan and Ward: 

S.B. 1683, a bill to appropriate funds for human resources programs in Forsyth 
County. 

Referred to Appropriations Committee. 

By Senators Harris, Kincaid, and Simpson: 

S.B. 1684, a bill to appropriate funds to the Department of Correction for comple- 
tion of a building at the Western Correctional Center in Morganton. 
Referred to Appropriations Committee. 



June 15, 1988 



42 SENATE JOURNAL [Second Session 

By Senator Martin of Pitt: ' 

S.B. 1685, a bill to appropriate funds to cover cost overruns at the Rocky Mount 
Center of Edgecombe Community College. ^ _ 

Referred to Appropriations Committee. 

By Senator Seymour: 

S.B. 1686, a bill to appropriate funds for a High Point Senior Center building. 
Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S.B. 1687, a bill to appropriate funds for the prison and jail project in Durham 
County. 

Referred to Appropriations Committee. 

By Senator Jonhson of Cabarrus: 

S.B. 1688, a bill to appropriate funds to the Cabarrus County Board of County 
Commissioners for the County Senior Citizens Center. 
Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.J.R. 2182, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to reenact Section 1 of Chapter 446, Ses- 
sion Laws of 1987, prohibiting certain investments in certain companies involved in 
South Africa which was inadvertently repealed by Section 5 of Chapter 751, Session 
Laws of 1987, a rewrite of the investment powers of the State Treasurer. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 2241, a bill to permit certain community colleges to grant security interests to 
federal agencies. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2249, a bill to allow McDowell County to convey certain property at private 
sale. 

Referred to Local Government and Regional Affairs H Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 2227, a bill to authorize the creation of North Carolina Enterprise Corpora- 
tions, upon'third reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldslon, Hardison, Harris, Hipps, Hunt of 
Moore, Johnson of Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, 
Taft, Tally, Walker, Ward, Warren, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 1566, a bill changing the appointment of commissioners to the Pitt County 
Industrial Development Commission and enlargement of the County's powers to en- 
courage location of industrial prospects, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 



June 15, 1988 



1988] SENATE JOURNAL 43 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Thomas, Walker, Ward, Warren, and 
Winner— 48. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

S.B. 1598, a bill redefining the city limits of the City of Wilson, upon second read- 
ing. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Thomas, Walker, Ward, Warren, and 
Winner— 48. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

S.B. 1602, a bill to incorporate the village of St. Helena in Pender County, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Thomas, Walker, Ward, Warren, and 
Winner— 48. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

S.B. 1626, a bill to correct the corporate boundaries of the Town of Marshville, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, CobT?, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Thomas, Walker, Ward, Warren, and 
Winner— 48. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 2190, a bill to annex certain territory to the Town of Stoneville at a specified 

future date, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 

Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 



June 15. 1988 



44 SENATE JOURNAL [Second Session 

Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Thomas, Walker, Ward, Warren, and 
Winner— 48. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 2227, an act to authorize the creation of North Carolina Enterprise Corpora- 
tions. (Ch. 882) 

CALENDAR (Continued) 

S.B. 1616, a bill to change the manner of election of the Caswell County Board of 
Commissioners and the Caswell County Board of Education so as to implement a fed- 
eral court order. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted (electroni- 
cally recorded). 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 1558, a bill to modify the form of election of the Pamlico County Board of 
Commissioners and the Pamlico County Board of Education so as to implement a 
federal court judgment. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1565, a bill to allow Cleveland County to name and assign street numbers to 
private roads in unincorporated areas. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1567, a bill to make conforming amendments to certain local acts to reflect 
Chapter 509, Session Laws of 1987, as recommended by the Legislative Research 
Commission. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1568, a bill to allow Transylvania County to convey to Transylvania Voca- 
tional Services Foundation, Inc., certain real estate at private sale. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1581, a bill amending the Charter of the City of Winston-Salem relating to 
notice of special elections. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1589, a bill to make technical changes to the legislation authorizing creation 
of the Wilson Tourism Development Authority. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 



June 15, 1988 



1988] SENATE JOURNAL 45 

S.B. 1604, a bill concerning the regulation, restraint, and prohibition of junked 
motor vehicles in Mecklenburg County. 

The bill passes its second reading and, without objection, is ordered placed on the 
Calendar for tomorrow for further consideration upon third reading. 

S.B. 1610, a bill to exempt the Town of Bethel and the Town of Robersonville from 
certain zoning notice requirements. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1613, a bill to clarify the procedure for the confiscation and disposition of 
deadly weapons in Rockingham County. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1614, a bill allowing construction of the Bertie County office building using the 
design-build contract system. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H.B. 2198, a bill to allow the City of Statesville to lease airport property for up to 
20 years without treating it as a sale. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2233, a bill to authorize the Town of Ahoskie to execute contracts for renova- 
tion of its regional small business incubator. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 1580 (Committee Substitute), a bill to authorize the creation of North Caro- 
lina Enterprise Corporations, upon second reading. 

On motion of Senator Rauch, the Committee Substitute bill is, without objection, 
recommitted to the Finance Committee. 

The Chair declares the Senate in recess at 3:00 P.M. for the purpose of committee 
meetings until 4:00 P.M. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan III, Lieutenant Governor. 



INTRODUCTION OF RESOLUTION 

Senator Shaw moves that Rule 40 be suspended to allow the introduction of the 
following joint resolution, which motion prevails by a two-thirds majority vote. 

By Senator Shaw: 

S.J.R. 1699, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider "a bill to be entitled an act to amend the definition of rural area 
contained in an act to authorize the creation of North Carolina Enterprise Corpora- 
tions." 

On motion of Senator Shaw, the joint resolution remains before the Senate for im- 
mediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger. 



June 15, 1988 



46 SENATE JOURNAL [Second Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following bill, which is read the first time and disposed of as follows: 

H.B. 1859 (Committee Substitute), a bill to appropriate additional funds for recur- 
ring expenses for the 1988-89 fiscal year. 

Senator Plyler offers a motion to suspend the rules and place the Committee Substi- 
tute bill before the Senate for immediate consideration, which motion prevails (elec- 
tronically recorded). 

Without objection, on motion of Senator Plyler, a member of the Fiscal Research 
Staff is allowed to remain on the floor for the purpose of assisting with the explanation 
of the Committee Substitute bill. 

Senator Cobb rises to a point of order as to whether the report from Chairmen of the 
Appropriations Committees meeting jointly is to be considered as part of the Commit- 
tee Substitute bill. 

The Chair rules that the report to the Appropriations Committees does not constitute 
part of the Committee Substitute bill. 

Senator Plyler calls the question, seconded by Senator Taft. 

Senator Simpson rises to a point of order as to whether the State employees' pay 
raise is included in the Committee Substitute bill. 

The Chair rules that the Senator is asking a question and not rising to a point of 
order and that Senator Plyler must withdraw his motion if he would like to answer the 
question. 

Senator Plyler withdraws his motion for the previous question to answer the question 
of Senator Simpson. 

Senator Plyler subsequently calls the previous question, seconded by Senator Taft. 
The call is sustained. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

COMMITTEE REPORT 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Tally for the Natural and Economic Resources and Wildlife 
Committee: 

S.B. 1631, a bill to provide fee setting authority for the North Carolina Low-Level 
Radioactive Waste Management Authority, to impose a tax on the gross receipts of a 
low-level radioactive waste disposal facility and the Hazardous Waste Treatment 
Commission's Facility, to set the amount of the low-level radioactive waste disposal 
facility local application fee, to provide additional fee setting authority for the Radia- 
tion Protection Commission, to implement the recommendations of the Joint Select 
Committee on Low-Level Radioactive Waste and the Inter-Agency Committee on 
Low-Level Radioactive Waste, to make clarifying and technical amendments to the 
North Carolina Low-Level Radioactive Waste Management Authority Act of 1987, to 
provide authority for the interstate agreements to treat and dispose of hazardous waste 
outside the State, to limit annexation of low-level radioactive waste disposal facilities 
and the Hazardous Waste Treatment Commission's facility, and to make conforming 
changes to other laws, with an unfavorable report as to bill, but favorable as to Com- 
mittee Substitute bill. 

On motion of Senator Tally, the rules are suspended and the Committee Substitute 
bill, which changes the title to read S.B. 1631, a bill to provide fee setting authority 



June 15, 1988 



1988] SENATE JOURNAL 47 

and to impose taxes and fees applicable to low-level radioactive waste and hazardous 
waste, to implement the recommendations of the Joint Select Committee on Low- 
Level Radioactive Waste and the Inter-Agency Committee on Low-Level Radioactive 
Waste, to make related clarifying and technical amendments, to authorize certain 
agreements relating to hazardous waste, to limit annexation of waste facilities, and to 
make conforming changes to other laws, is placed before the Senate for immediate 
consideration. 

On motion of Senator Tally, the Committee Substitute bill, held to be material, is 
adopted, constituting the first reading and on her further motion is re-referred to the 
Finance Committee. 

By Senator Seymour for the Alcoholic Beverage Control Committee: 

H.B. 2204, a bill to add two members to the Martin County and the Bertie County 
Alcoholic Beverage Control Boards, with a favorable report. 

H.B. 2250, a bill to provide for a modified distribution of the local proceeds from 
operation of alcoholic beverage control stores in the Town of Highlands, Macon 
County, with a favoralbe report. 

The Chair extends courtesies of the floor to The Honorable T. Cass Ballenger, 
United States Congressman and former Senator from Catawba County. 

On motion of Senator Royall, seconded by Senator Goldston, the Senate adjourns at 
5:10 P.M. to meet tomorrow at 1:30 P.M. 



ONE HUNDRED FORTY-SIXTH DAY 

Senate Chamber, 
Thursday, June 16, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. John D. MacLeod, Jr., Administrator of the Synod of the 
Mid-Atlantic Presbyterian Church, as follows: 

"God of the past, we remember with thanksgiving Your providence in bringing our 
forebears to these shores — some as courageous pioneers seeking a better life, some 
against their will as slaves, but all of us now concerted in an effort to make in this land 
a place of fustice and freedom and a better life for all. 

"God of the present, we pray for Your Guiding Spirit in the actions of this Senate 
upon which we depend so much for justice and freedom and a better life for all. 

"God of the future, we know that generations to come will hold us accountable in 
blame or in praise. Let, therefore justice, freedom and a good life for all be in our 
minds this day. 

"So we believe, so we pray. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, June 15, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The president grants leaves of absence to Senators Somers and Johnson of Cabarrus 
for today. 



June 16, 1988 



48 SENATE JOURNAL [Second Session 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 

follows: 

By Senator Soles for the Judiciary IV Committee: 

S.B. 1661, a bill to increase the maximum number of magistrates for Stokes 
County by two, with a favorable report. 

S.B. 1665, a bill to expand community service parole availability, to provide for 
reimbursement of expenses to house female inmates at local confinement facilities, to 
appropriate funds to provide alternatives for relieving overcrowding in the State prison 
system, for capital improvements and satellite jail/ work release units, with a favorable 
report. 

S.B. 1621, a bill to amend the North Carolina Technological Development 
Authority's enabling legislation regarding ownership of incubator facilities to increase 
public/private partnerships, with a favorable report, as amended. 

By Senator Seymour for the Alcoholic Beverage Control Committee: 

H.B. 734 (Committee Substitute), a bill to prohibit the possession of opened con- 
tainers of alcoholic beverages in motor vehicles, with an unfavorable report as to 
Committee Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Seymour, the rules are suspended and the Senate Committee 
Substitute bill which changes the title to read, H.B. 734 (Senate Committee Substi- 
tute) , a bill to allow the Legislative Research Commission to study the issue of prohib- 
iting the possession of opened containers of alcoholic beverages in motor vehicles, is 
placed before the Senate for immediate consideration. 

On motion of Senator Seymour, the Senate Committee Substitute bill is adopted, 
and on her further motion is re-referred to the Appropriations Committee. 

By Senator Hipps, Vice-Chairman, for Senator Barnes for the Judiciary I Com- 
mittee: 

H.B. 1240, a bill to make certain changes in the law regarding fraudulent disposal 
of property, with an unfavorable report as to bill, but favorable as to Senate Commit- 
tee Substitute bill. 

On motion of Senator Hipps, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Senate Committee Substitute bill is adopted. 

On motien of Senator Hipps, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow for further consideration. 

By Senator Goldston for the Transportation Committee: 

H.B. 288, a bill regarding registration of leased vehicles, with an unfavorable re- 
port as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Goldston, the rules are suspended and the Senate Committee 
Substitute bill which changes the title to read, H.B. 288 (Senate Committee Substi- 
tute) , a bill regarding modifying the penalty for failure to list a motor vehicle for prop- 
erty taxes and amending the North Carolina Motor Vehicle Salvage Title Law, is 
placed before the Senate for immediate consideration. 

On motion of Senator Goldston, the Senate Committee Substitute bill is adopted and 
on his further motion is placed on the Calendar for tomorrow for further consideration. 



June 16, 1988 



1988] ' SENATE JOURNAL 49 

By Senator Warren for the Education Committee: 

S.B. 1603, a bill to conform Catawba County School Board appointments to the 
provisions of G.S. 115C-37, with a favorable report. 

S.B. 1664, a bill to establish a program of incentive grants for local school units to 
provide before and after school care for school age children, with a favorable report. 

On motion of Senator Warren, the bill is re-referred to the Appropriations Com- 
mittee. 

By Senator Swain for the Judiciary III Committee: 

H.B. 1204 (Senate Committee Substitute No. 2), a bill to repeal the requirement 
that certain water and sewer authorities receive a certificate from the Environmental 
Management Commission authorizing eminent domain before acquiring water rights 
within the limits of the organizing governments, and substituting a requirement that the 
County Board of Commissioners approve the taking before an action can be filed, and 
providing that outside the limits of the organizing governments, such actions can only 
be initiated with approval of the Environmental Management Commission, Board of 
County Commissioners, and the voters of that county, with a unfavorable report as to 
Senate Committee Substitute bill No. 2, but favorable as to Senate Committee Substi- 
tute bill No. 3. 

On motion of Senator Swain, the rules are suspended and the Senate Committee 
Substitute bill No. 3 which changes the title to read, H.B. 1204 (Senate Committee 
Substitute No. 3), a bill to give water and sewer authorities the same power as cities 
and counties to purchase property subject to a purchase money security interest, is 
placed before the Senate for immediate consideration. 

On motion of Senator Swain, the Senate Committee Substitute bill No. 3, held to be 
material, is adopted, constituting the first reading. The Chair orders the Senate Com- 
mittee Substitute bill No. 3 placed on the Calendar for tomorrow for further considera- 
tion, upon second reading. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 2198, an act to allow the City of Statesville to lease airport property for up to 
20 years without treating it as a sale. (Ch. 883) 

H.B. 2233, an act to authorize the Town of Ahoskie to execute contracts for reno- 
vation of its regional small business incubator. (Ch. 884) 



— REPORTS OF COMMITTEES (Continued) 
By Senator Johnson of Wake for the Judiciary II Committee: 

H.B. 1264, a bill to increase the penalty for assaults upon governmental officers 
and employees, with a favorable report. 

H.B. 475 (Committee Substitute), a bill to require timely payments to subcontrac- 
tors and suppliers, and to provide for interest on late payments, with a favorable re- 
port, as amended. 

Senator Johnson of Wake moves that the rules be suspended and the Committee 
Substitute bill be placed in its regular order of business for consideration, which mo- 
tion he subsequently withdraws. 



June 16, 1988 



50 SENATE JOURNAL [Second Session 

The Chair orders the Committee Substitute bill placed on the Calendar for tomorrow 
for further consideration. 

By Senator Conder for the Children and Youth Committee: 

S.B. 1668, a bill to provide standards for the removal and return of juveniles from 
their homes and to appropriate funds to the Office of Guardian Ad Litem Services 
under the Administrative Office of the Courts for dependency cases, with a favorable 
report. 

On motion of Senator Conder, the bill is re-referred to the Appropriations Com- 
mittee. 

H.B. 243, a bill to ensure that day care plan providers are represented on the Child 
Day-Care Commission, with an unfavorable report as to bill, but favorable as to Sen- 
ate Committee Substitute bill. 

On motion of Senator Conder, the rules are suspended and the Senate Committee 
Substitute bill which changes the title to read, H.B. 243 (Senate Committee Substi- 
tute), a bill to ensure that day care home providers are represented on the Child Day- 
Care Commission, is placed before the Senate for immediate consideration. 

On motion of Senator Conder, the Senate Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for tomorrow for further consideration. 



CONFERENCE REPORT 

H.B. 142 (Senate Committee Substitute) 

Senator Guy for the Conferees appointed to consider the differences arising between 
the Senate and the House of Representatives on H.B. 142 (Senate Committee Substi- 
tute), a bill to increase the annual income tax exclusion for federal civil service and 
military retirement pay, submits the following Report: 

To the President of the Senate and the - 

Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on the Senate Committee Substitute, adopted 
8/14/87, to House Bill 142, A BILL TO BE ENTITLED AN ACT TO INCREASE 
THE ANNUAL INCOME TAX EXCLUSION FOR FEDERAL CIVIL SERVICE 
AND MILITARY RETIREMENT PAY, wish to report as follows: 

That the House concur in the Senate Committee Substitute with the following amend- 
ment: 

that Section 2 is rewritten to read: 

"Sec. 2. This act is effective for taxable years beginning on or after January 1, 
1989.", and that 

the Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 15th day of June, 1988. 

S/A. D. Guy S/Judy Hunt 

S/Harold W. Hardison S/Luther R. Jeralds 

S/ROBERT S. Swain S/Robert L. McAllister 



June 16, 1988 



1988] SENATE JOURNAL 51 

S/George W. Miller 
S/J. Paul Tyndall 

Conferees on the part ' Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Guy, the Conference Report is placed on the Calendar for 
tomorrow for adoption. 

REPORTS OF COMMITTEES (Continued) 
By Senator Rauch for the Finance Committee: 

H.B. 1237 (Senate Committee Substitute), a bill to regulate investment advisers, 
with a favorable report, as amended. 

On motion of Senator Rauch, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion Committee Amendments No. 1 and No. 2 are adopted. 

On motion of Senator Rauch, the Senate Committee Substitute bill, as amended, is 
ordered engrossed and re-referred to the Appropriations Committee. 

S.B. 1645, a bill to modify the formula for reimbursing local governments for reve- 
nue lost due to the repeal of property taxes on inventories and to make technical 
changes, with an unfavorable report as to bill, but favorable as to Committee Substi- 
tute bill. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Rauch, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

H.B. 1304 (Committee Substitute) a bill to establish a fund to be used to clean up 
environmental damage caused by leaking underground petroleum tanks, with an unfa- 
vorable report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Senate Committee 
Substitute bill which changes the title to read, H.B. 1304 (Senate Committee Substi- 
tute), a bill to provide for the cleanup of environmental damage caused by leaking 
petroleum underground storage tanks, is placed before the Senate for immediate con- 
sideration. 

On motion of Senator Rauch, the Senate Committee Substitute bill is adopted, and 
on his further motion is re-referred to the Appropriations Committee. 

By Senator Hunt of Durham for the Pensions and Retirement Committee: 

S.B. 1617, a bill to amend Chapter 505 of the 1983 Session Laws, regarding the 
Wilmington Firemen's Benefit Fund, with a favorable report. 

S.B. 1585, a bill to increase the death benefit under the Teachers' and State Em- 
ployees' Retirement System, with a favorable report, as amended. 

S.B. 1606, a bill to amend Chapter 506, 1987 Session Laws, regarding the Char- 
lotte Firefighters' Retirement System, with a favorable report, as amended. 

H.B. 85, a bill to allow a refund from the Teachers' and State Employees' Retire- 
ment System and Local Governmental Employees' Retirement System of certain ex- 
cess contributions to members in retirement, with a favorable report, as amended. 

On motion of Senator Hunt of Durham, the rules are suspended and the bill is 
placed before the Senate for immediate consideration and on his further motion Com- 
mittee Amendments No. 1 and No. 2 are adopted. 



June 16, 1988 



52 SENATE JOURNAL [Second Session 

On motion of Senator Hunt of Durham, the bill, as amended, is re-referred to the 
Appropriations Committee. 



RECALL FROM ENROLLING AND RECONSIDERATION 

H.B. 1859 (Committee Substitute), a bill to appropriate additional funds for recur- 
ring expenses for the 1988-89 fiscal year. 

Senator Plyler offers a motion that the Committee Substitute bill be recalled from 
enrolling and placed before the Senate for further consideration which niotion prevails, 
and the Committee Substitute bill is returned by the Enrolling Clerk. 

Senator Plyler moves that the vote by which the Committee Substitute bill passed its 
third reading be reconsidered, which motion prevails (electronically recorded). 

Senator Plyler offers Amendment No. 1. 

Senator Cobb rises to a point of order as to Amendment No. 1 incorporating the 
Report as part of the Committee Substitute bill. The Chair rules as follows: "What 
you are doing now in no way changes anything that you voted on yesterday, but merely 
sets the record straight so that the bill can be enrolled." 

Senator Cobb rises to a second point of order as to the adoption of Amendment No. 
1 incorporating a special provision into the Committee Substitute bill. The Chair rules 
as follows: "The impact would be that in making determinations as to how the distri- 
bution of the funds in the main part of the bill would be made, you would follow the 
directions in that Report. But the records do show that the Report passed as part of 
the motion from the Appropriations Committee yesterday. So the Amendment is 
in order. It does further clarify the distribution of those new dollars that will be appro- 
priated at this time. My ruling is that this Amendment is in order and if adopted will 
follow the correct procedure and will allow the bill to be enrolled once the House re- 
considers." (see Addendum) 

Amendment No. 1 is adopted (electronically recorded). 

The Committee Substitute bill, as amended, passes its third reading (electronically 
recorded) and is ordered, without objection, sent to the House of Representatives by 
special messenger for concurrence in Senate Amendment No. 1. 



REPORTS OF COMMITTEES (Continued) 
By Senator Kaplan for the Election Laws Committee: 

H.B. 858, a bill to bring North Carolina into compliance with a court decision 
concerning straight-ticket voting, with an unfavorable report as to bill, but favorable 
as to Senate Committee Substitute bill. 

On motion of Senator Kaplan, the rules are suspended and the Senate Committee 
Substitute bill which changes the title to read, H.B. 858, (Senate Committee Substi- 
tute) a bill to prohibit withdrawal of candidacy after filing deadline and to address 
other campaign and election matters, is placed before the Senate for immediate con- 
sideration. 

On motion of Senator Kaplan, the Senate Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for tomorrow for further consideration. 

H.B. 1124 (Committee Substitute No. 2), a bill to limit campaign expenditures and 
to strengthen public financing of political campaigns, with a favorable report, as 
amended. 

On motion of Senator Kaplan, the Committee Substitute bill No. 2 is placed on the 
Calendar for Tuesday, June 21, for consideration. 



June 16, 1988 



1988] SENATE JOURNAL 53 

RECOMMITTANCE 

S.B. 564 (Committee Substitute), a bill to consolidate the regulation of migrant 
housing and to set forth the powers and duties of the Commissioner of Labor dealing 
with the regulation of migrant housing. 

Without objection, on motion of Senator Barker, the rules are suspended and the 
Committee Substitute bill is taken from the Appropriations Committee and 
recommitted to the Judiciary II Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Block: 

S.B. 1689, a bill to appropriate funds to match federal funds for the purchase of a 
portion of Masonboro Island. 

Referred to Appropriations Committee. 

By Senator Johnson of Cabarrus: 

S.B. 1690, a bill to appropriate funds to various fire departments in Cabarrus and 
Mecklenburg Counties. 

Referred to Appropriations Committee. 

By Senator Rand: 

S.B. 1691, a bill to provide improved health care to the medically needy and to 
appropriate the necessary funds. 

Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 1692, a bill to establish the North Carolina Educational Equity Study Com- 
mission and to appropriate funds for its implementation. 
Referred to Appropriations Committee. 

By Senator Harrington: 

S.B. 1693, a bill to appropriate funds for the Bertie High School chorus. 
Referred to Appropriations Committee. 

By Senators Swain and Winner: 

S.B. 1694, a bill to appropriate funds for the development of Lake James State 
Park. 

Referred to Appropriations Committee. 

By Senator Ezzell: 

S.B. 1695, a bill to appropriate funds for industrial development in Nash and 
Edgecombe Counties. 

Referred to Appropriations Committee. 

By Senator Guy: 

S.B. 1696, a bill to appropriate funds for the White Oak Little League Association 
in Onslow County. 

Referred to Appropriations Committee. 



June 16, 1988 



54 SENATE JOURNAL [Second Session 

By Senator Bryan: 

S.B. 1697, a bill to appropriate funds for the demolition, renovation, or construc- 
tion of buildings on land owned by the Stony Point Volunteer Fire Department, Inc., 
of Alexander County. 

Referred to Appropriations Committee. 

By Senator Richardson: 

S.B. 1698, a bill to appropriate funds for the Charlotte Afro-American Cultural 
Center. 

Referred to Appropriations Committee. 

By Senator Harrington: 

S.B. 1700, a bill to appropriate funds for public safety in Bertie and Hertford Coun- 
ties. 

Referred to Appropriations Committee. 

By Senator Tally: 

S.B. 1701, a bill to appropriate funds for Cumberland County community service 
programs. 

Referred to Appropriations Committee. 

By Senators Hipps, Kincaid, and Simpson: 

S.B. 1702, a bill to appropriate funds to the North Carolina Christmas Tree Asso- 
ciation for the purpose of implementing a marketing program. 
Referred to Appropriations Committee. 

By Senators Ward and Kaplan: 

S.B. 1703, a bill to appropriate funds for various cultural resource projects in For- 
syth County. 

Referred to Appropriations Committee. 

By Senators Ward, Royall, and Martin of Guilford: 

S.B. 1704, a bill to address the nursing emergency which is faced by North Caro- 
lina. 

Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S.B. 1705, a bill to appropriate funds for educational and training programs for the 
youth in Durham County. 

Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S.B. 1706, a bill to appropriate funds for human service projects in Orange, Per- 
son, and Granville Counties. 

Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S.B. 1707, a bill to appropriate funds for the Retired Senior Volunteer Program in 
Durham County. 

Referred to Appropriations Committee. 



June 16. 1988 



1988] SENATE JOURNAL 55 

By Senators Rand, Hunt of Durham, Richardson, and Martin of Guilford: 

S.B. 1708, a bill to appropriate funds to expand Project Teach. 
Referred to Appropriations Committee. 

By Senator Seymour: 

S.B. 1709, a bill to appropriate funds for High Point and Greensboro cultural en- 
richment projects. 

Referred to Appropriations Committee. 

By Senators Swain, Allran, Barker, Barnes, Block, Daniel, Ezzell, Hipps, Johnson 
of Cabarrus, Johnson of Wake, Marvin, Rand, Richardson, Sands, Seymour, 
Simpson, Soles, Somers, Staton, Taft, Tally, Ward, and Winner. 

S.B. 1710, a bill to provide for an increase in the salaries of district and superior 
court emergency and retired, recalled judges. 
Referred to Appropriations Committee. 

By Senator McDuffie: 

S.B. 1711, a bill to appropriate funds to the Mental Health Association of Meck- 
lenburg County for operating expenses. 

Referred to Appropriations Committee. 

By Senators Smith, Hardison, Guy, Hunt of Moore, Kincaid, and Simpson: 

S.B. 1712, a bill to authorize the issuance of four hundred fifty million dollars of 
general obligation bonds of the State, subject to a vote of the qualified voters of the 
State, to provide funds for highway facilities. 

Referred to Finance Committee. 

By Senator Smith: 

S.B. 1713, a bill to appropriate funds for improvements at the Rufty-Holmes Senior 
Center in Rowan County. 

Referred to Appropriations Committee. 

By Senators Marvin, Harris, and Rauch: 

S.B. 1714, a bill to appropriate funds for Cleveland, Gaston and Lincoln human 
services projects. 

Referred to Appropriations Committee. 

By Senator Johnson of Wake: 

S.B. 1715, a bill to appropriate funds for various recreational projects in Wake 
County. 

Referred to Appropriations Committee. 

By Senator McDuffie: 

S.B. 1716, a bill to appropriate funds to Autistic Opportunities, inc., in Mecklen- 
burg County for training and equipment. 

Referred to Appropriations Committee. 

By Senator McDuffie: 

S.B. 1717, a bill to appropriate funds to Lions Services, Inc., in Mecklenburg 
County for training and employment of the blind. 
Referred to Appropriations Committee. 



June 16, 1988 



56 SENATE JOURNAL [Second Session 

By Senator McDuffie: 

S.B. 1718, a bill to appropriate funds to Alzheimer's Disease and Related Disor- 
ders Association-Greater Charlotte Area Chapter, Inc., in Mecklenburg County for 
operating expenses. 

Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of a§ follows: 

H.B. 2213, a bill to provide for the distribution of the proceeds of the surcharge on 
liquor sold to liquor by the drink permittees in Alamance County to the Cities of Bur- 
lington and Graham. 

Referred to Alcoholic Beverage Control Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1566, a bill changing the appointment of commissioners to the Pitt County 
Industrial Development Commission and enlargement of the County's powers to en- 
courage location of industrial prospects, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered, without objection, sent to the House of Representatives by spe- 
cial messenger. 

S.B. 1598, a bill redefining the city limits of the City of Wilson, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered, without objection, sent to the House of Representatives by spe- 
cial messenger. 

S.B. 1602, a bill to incorporate the village of St. Helena in Pender County, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner— 46. 



June 16, 1988 



1988] SENATE JOURNAL 57 

Voting in the negative: None. 

The bill is ordered, without objection, sent to the House of Representatives by spe- 
cial messenger. 

S.B. 1626, a bill to correct the corporate boundaries of the Town of Marshville, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The bill is ordered, without objection, sent to the House of Representatives by spe- 
cial messenger. 

H.B. 2190, a bill to annex certain territory to the Town of Stoneville at a specified 
future date, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 1632, a bill to amend the Charter of the Town of Knightdale relating to drive- 
ways, site plan and subdivision approval, road or drainage project fees, and open 
space project fees, recreational fees, public safety project fees, upon second reading. 

Senator Speed offers Amendment No. 1, which changes the title to read, S.B. 
1632, a bill to amend the Charter of the Town of Knightdale relating to driveways, site 
plan and subdivision approval, road or drainage project fees, and open space project 
fees, and recreational fees, which is adopted (electronically recorded). 

The bill, as amended, passes its second reading by roll-call vote, ayes 43, noes, as 
follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, 
Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Mar- 
vin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, 
Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Thomas, 
Walker, Ward, Warren, and Winner— 43. 

Voting in the negative: None 

The bill, as amended, is ordered placed on the Calendar for tomorrow upon third 
reading. 

H.B. 280, (Senate Committee Substitute), a bill to authorize Hertford County to 
levy a room occupancy and tourism development tax, upon second reading. 

The Senate Committee Substitute bill passes its second reading by roll-call vote, 
ayes 43, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Mar- 
vin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, 
Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Thomas, 
Walker, Ward, Warren, and Winner— 43. 



June 16. 1988 



58 SENATE JOURNAL [Second Session 

Voting in the negative: Senator Bryan — 1. 

The Senate Committee Substitute bill is ordered placed on the Calendar for tomor- 
row upon third reading. 

H.B. 2204, a bill to add two members to the Martin County and the Bertie County 
Alcoholic Beverage Control Boards. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 2250, a bill to provide for a modified distribution of the local proceeds from 
operation of alcoholic beverage control stores in the Town of Highlands, Macon 
County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 1604, a bill concerning the regulation, restraint, and prohibition of junked 
motor vehicles in Mecklenburg County, upon third reading. 

The bill passes its third reading and is ordered, without objection, sent to the House 
of Representatives by special messenger. 

H.B. 1273, a bill to provide permanent registration plates for disaster relief motor 
vehicles, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner — 47. 

Voting in the negative: None. 

The bill is ordered enrolled. 



CONFIRMATION 

On motion of Senator Guy, Chairman of the State Government Committee, 
the Senate adopts the report of the Committee submitted, Wednesday, June 15, and 
confirms the appointment of Fred W. Talton to the Office of State Controller for the 
term ending June 30, 1994, by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Rand, Richardson, Royall, Sands, Seymour, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas, 
Walker, Ward, and Warren— 44. 

Voting in the negative: None. 

The Chair orders the House of Representatives notified of the action of the Senate. 

On motion of Senator Harrington, seconded by Senator Thomas, the Senate ad- 
journs at 2:45 P.M. to meet tomorrow at 10:00 A.M. 



June 16, 1988 



1988] SENATE JOURNAL 59 

ONE HUNDRED FORTY-SEVENTH DAY 

Senate Chamber, 
'-\ . . Friday, June 17, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. W. Burkette Raper, President, Mt. Olive College Free Will 
Baptist Church. 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, June 16, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President grants leaves of absence to Senators Conder, Johnson of Cabarrus, 
Martin of Pitt, Simpson, Somers, and Sands for today. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Hardison for the Commerce Committee: 

H.B. 1111 (Committee Substitute), a bill to require the registration of certain mak- 
ers of mortgage loans on residential real property, with an unfavorable report as to 
Committee Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Hardison, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Hardison, the Senate Committee Substitute bill is placed on 
the Calendar for Monday, June 20, for further consideration. 

By Senator Rauch for the Finance Committee: 

S.B. 1612, a bill to update the reference to the Internal Revenue Code used to 
determine certain taxable income and tax exemptions, with a favorable report. 

S.B. 1615, a bill to authorize the City of Raleigh to levy a motor vehicle tax not to 
exceed ten dollars, with a favorable report. 

H.B. 1171 (Senate Committee Substitute), a bill to improve administration of the 
Sedimentation Pollution Control Act of 1973, with a favorable report. 

By Senator Block for the Manufacturing and Labor Committee: 

H.B. 546 (Committee Substitute), a bill to provide for amendments to the Employ- 
ment Security Law, with an unfavorable report as to Committee Substitute bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Block, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his 
further motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Block, the Senate Committee Substitute bill is placed on the 
Calendar for Monday, June 20, for further consideration. 



June 17, 1988 



60 , . SENATE JOURNAL [Second Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Harris, Rauch, and Marvin: 

S.B. 1719, a bill to appropriate funds for Rutherford County cultural resources pro- 
jects. 

Referred to Appropriations Committee. 

By Senator Conder: 

S.B. 1720, a bill to establish 16 pilot centers for prekindergarten children to be 
administered by the State Board of Education. 
Referred to Ctiildren and Youth Committee. 

By Senator Walker: 

S.B. 1721, a bill to appropriate funds for the Child Abuse Medical Evaluation Pro- 
gram. 

Referred to Appropriations Committee. 

By Senator Walker: 

S.B. 1722, a bill to appropriate funds for an Orange-Person-Chatham Outpatient 
Alternative Treatment Demonstration Project for emotionally disturbed children. 
Referred to Appropriations Committee. 

By Senator Cobb: 

S.B. 1723, e. bill to conform the salary of the Deputy Banking Commissioner for 
the 1988-89 fiscal year to the salary that the individual holding that position actually 
earns under the job title Assistant Commissioner of Banks. 

Referred to Appropriations Committee. 

By Senator Harrington: 

S.B. 1724, a bill to appropriate funds for community renovation and beautification 
projects in Northampton, Halifax, Martin, and Gates Counties. 
Referred to Appropriations Committee. 

By Senator Harrington: 

S.B. 1725, a bill to appropriate funds to promote cultural resources in Hertford and 
Halifax Counties and to amend Chapter 830 of the 1987 Session Laws regarding funds 
for the "First in Freedom" drama. 

Referred to Appropriations Committee. 

By Senator Harrington: 

S.B. 1726, a bill to appropriate funds for human services projects in Northampton, 
Hertford, Bertie, and Halifax Counties. 

Referred to Appropriations Committee. 

By Senator Smith: 

S.B. 1727, a bill to appropriate funds to Davidson County for improvements to 
animal shelter. 

Referred to Appropriations Committee. 



June 17, 1988 



1988] SENATE JOURNAL 61 

By Senator Guy: 

S.B. 1728, a bill to appropriate funds for various human services projects in 
Onslow County. 

Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 1729, a bill to appropriate funds for various community service projects in 
Hoke and Robeson Counties. 

Referred to Appropriations Committee. 

By Senators Kaplan and Ward: 

S.B. 1730, a bill to appropriate funds to the Board of Governors of the University of 
North Carolina for planning the School of Motion Picture and Film at the North Caro- 
lina School of the Arts. 

Referred to Appropriations Committee. 

By Senators Swain and Winner: 

S.B. 1731, a bill to appropriate funds to the Unaka Center, Inc., for purchase of a 
small truck. 

Referred to Appropriations Committee. 

By Senators Swain and Winner: 

S.B. 1732, a bill to appropriate funds for Yancey County Emergency Medical Serv- 
ices and for the Rescue Squad to purchase equipment 
Referred to Appropriations Committee. 

By Senators Marvin, Harris, and Rauch: 

S.B. 1733, a bill to appropriate funds for Cleveland and Lincoln cultural resources 
projects. 

Referred to Appropriations Committee. 

By Senators Harris, Rauch, and Marvin: 

S.B. 1734, a bill to appropriate funds for Cleveland and Rutherford human services 
projects. 

Referred to Appropriations Committee. 

By Senator Johnson of Wake: 

S.B. 1735, a bill to appropriate funds to the General William C. Lee Memorial 
Commission, Inc., in Harnett County for the General William C. Lee Memorial Mu- 
seum. 

Referred to Appropriations Committee. 

By Senator Johnson of Wake: 

S.B. 1736, a bill to appropriate funds for various human service projects in Wake 
and Lee Counties. 

Referred to Appropriations Committee. 

By Senator Johnson of Wake: 

S.B. 1737, a bill to appropriate funds for various human service projects for the 
youth in Wake County. 

Referred to Appropriations Committee. 



June 17, 1988 



62 SENATE JOURNAL [Second Session 

By Senator Johnson of Wake: 

S.B. 1738, a bill to appropriate funds to various cultural resource projects in Wake 
County. 

Referred to Appropriations Committee. 

By Senator Staton: 

S.B. 1739, a bill to appropriate funds for various cultural projects in Wake, Har- 
nett, and Lee Counties. 

Referred to Appropriations Committee. 

By Senator Staton: 

S.B. 1740, a bill to appropriate funds for various human services programs in 
Wake, Harnett, and Lee Counties. 

Referred to Appropriations Committee. 

By Senator Staton: 

S.B. 1741, a bill to appropriate funds for various community services projects in 
Wake, Harnett, and Lee Counties. 

Referred to Appropriations Committee. 

By Senator Rand: 

S.B. 1742, a bill to appropriate funds for various public projects in North Carolina. 
Referred to Appropriations Committee. 

By Senator Rand: ,. 

S.B. 1743, a bill to appropriate funds for the Children's Home Society of North 
Carolina. 

Referred to Appropriations Committee. 

By Senator Rand: 

S.B. 1744, a bill to appropriate funds to the Rural Economic Development Center, 
Inc., to develop a microenterprise fund as a pilot program. 
Referred to Appropriations Committee. 

By Senator Rand: 

S.B. 1745, a bill to assist in providing low-cost housing to low-income persons who 
live in rural areas. 

Referred to Appropriations Committee. 

By Senator Hipps: 

S.B. 174(5, a bill to appropriate funds for western North Carolina educational pro- 
jects. 

Referred to Appropriations Committee. 

By Senator Hipps: 

S.B. 1747, a bill to appropriate funds for western North Carolina cultural projects. 
Referred to Appropriations Committee. 

By Senators Barnes, Sherron, Tally, and Shaw: 

S.B. 1748, a bill to appropriate funds for capital improvements projects at various 
State Parks and Recreation Areas. 

Referred to Appropriations Committee. 



June 17, 1988 



1988] SENATE JOURNAL 63 

By Senators Sands and Goldston: 

S.B. 1749, a bill to appropriate funds for the construction of a forestry equipment 
shed and for an Assistant County Ranger in Alleghany County. 
Referred to Appropriations Committee. 

By Senator Rauch: 

S.B. 1750, a bill to appropriate funds to the University of North Carolina for the 
Lineberger Cancer Center Breast Cancer Program. 
Referred to Appropriations Committee. 

By Senator Walker: 

S.B. 1751, a bill to appropriate funds for the LIFEguardianship Program of the 
Association for Retarded Citizens of North Carolina. 
Referred to Appropriations Committee. 

By Senator Guy: 

S.B. 1752, a bill to appropriate funds for the Onslow County Juvenile Restitution 
Program. 

Referred to Appropriations Committee. 

By Senator Barker: 

S.B. 1753, a bill to appropriate funds to Pamlico and Craven Counties to improve 
the quality of life, improve the safety, and for the economic development of those 
Counties. 

Referred to Appropriations Committee. 

By Senator Tally: 

S.B. 1754, a bill to appropriate funds for Cumberland County fire fighting services. 
Referred to Appropriations Committee. 

By Senators Richardson and Rand: 

S.B. 1755, a bill to appropriate funds for the acquisition and restoration of Historic 
Rosedale in Charlotte. 

Referred to Appropriations Committee. 

By Senator Richardson: 

S.B. 1756, a bill to appropriate funds for Charlotte human services projects. 
Referred to Appropriations Committee. 

By Senator McDuffie: 

S.B. 1757, a bill to appropriate funds to various fire departments and rescue squads 
for operating expenses and equipment. 

Referred to Appropriations Committee. 

By Senators Taft and Martin of Pitt: 

S.B. 1758, a bill to appropriate funds to continue the restoration and improvements 
to the Old Martin County Courthouse and to the Asa Biggs House. 
Referred to Appropriations Committee. 

By Senators Taft and Martin of Pitt: 

S.B. 1759, a bill to appropriate funds to the Greenville Museum of Art, Incorpo- 
rated, for capital improvements. 

Referred to Appropriations Committee. 



June 17. 1988 



64 SENATE JOURNAL [Second Session 

By Senator Rand: 

S.B. 1760, a bill to appropriate funds for various public projects in North Carolina. 
Referred to Appropriations Committee. % 

By Senator Rand: 

S.B. 1761, a bill to appropriate funds for various projects in North Carolina. 
Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 1762, a bill to appropriate funds for the Red Springs Rescue Squad, Inc. 
Referred to Appropriations Committee. 

By Senators Rauch, Marvin, and Harris: 

S.B. 1763, a bill to appropriate funds for Gaston County municipal public services 
projects. 

Referred to Appropriations Committee. 

By Senators Rauch, Marvin, and Harris: 

S.B. 1764, a bill to appropriate funds for Gaston County cultural resources pro- 
jects. 

Referred to Appropriations Committee. ' 

By Senators Rauch, Marvin, and Harris: 

S.B. 1765, a bill to appropriate funds for Gaston County human services projects. 
Referred to Appropriations Committee. 

By Senators Rauch, Marvin, and Harris: 

S.B. 1766, a bill to appropriate funds for Gaston County museum projects. 
Referred to Appropriations Committee. 

By Senators Rauch, Marvin, and Harris: 

S.B. 1767, a bill to appropriate funds for Gaston schools "Odyssey of the Mind" 
program. 

Referred to Appropriations Committee. 

By Senator Seymour: 

S.B. 1768, a bill to appropriate funds for Greensboro and High Point human serv- 
ices funds. 

Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 1769, a bill to appropriate funds for human services in Alamance and Caswell 
Counties. 

Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 1770, a bill to appropriate funds for emergency services in Alamance and 
Caswell Counties. 

Referred to Appropriations Committee. 



June 17, 1988 



1988] SENATE JOURNAL 65 

By Senator Barnes: 

S.B. 1771, a bill to appropriate funds for Wayne and Greene County educational 
services projects. 

Referred to Appropriations Committee. 

By Senators Staton, Hunt of Durham, Hunt of Moore, Johnson of Wake, Royall, 
Sherron, and Walker: 

S.B. 1772, a bill to appropriate funds for the Research Triangle World Trade Cen- 
ter project. 

Referred to Appropriations Committee. 

By Senator Cobb: 

S.B. 1773, a bill to initiate an Early Childhood Education Pilot Program. 
Referred to Appropriations Committee. 

By Senator Shaw: 

S.B. 1774, a bill to provide funds for increased cultch planting. 
Referred to Appropriations Committee. 

By Senator Cobb: 

S.B. 1775, a bill to establish the Office of Literacy in the Department of Admini- 
stration. 

Referred to Appropriations Committee. 

By Senator Cobb: 

S.B. 1776, a bill to assist export financing. 
Referred to Appropriations Committee. 

By Senator Cobb: 

S.B. 1777, a bill to provide assistance to North Carolina's aging population. 
Referred to Appropriations Committee. 

By Senator Cobb: 

S.B. 1778, a bill to provide funds to implement a swine disease testing program. 
Referred to Appropriations Committee. 

By Senatdr Cobb: 

S.B. 1779, a bill to establish a reserve to avoid railway abandonments. 
Referred to Appropriations Committee. 

By Senator Soles: 

S.B. 1780, a bill to appropriate funds to the Town of East Arcadia for revitaliza- 
tion. 

Referred to Appropriations Committee. 

By Senator Soles: 

S.B. 1781, a bill to appropriate funds for various cultural resources projects in Sen- 
ate District 18. 

Referred to Appropriations Committee. 



June 17, 1988 



66 SENATE JOURNAL [Second Session 

By Senator Soles: / ' 

S.B. 1782, a bill to appropriate funds for various community service projects in the 
Eighteenth Senatorial District. 

Referred to Appropriations Committee. 

By Senator Warren: 

S.B. 1783, a bill to appropriate funds for mobile class units for students displaced 
by the fire that destroyed the Four Oaks School. 
Referred to Appropriations Committee. 

By Senator Warren: 

S.B. 1784, a bill to appropriate funds for education projects in Sampson County. 
Referred to Appropriations Committee. 

By Senator Warren: 

S.B. 1785, a bill to appropriate funds for cultural enrichment in Johnston and 
Sampson Counties. 

Referred to Appropriations Committee. 

By Senator Warren: 

S.B. 1786, a bill to appropriate funds to establish a Commission to study Statewide 
School Facility Minimum Standards. 

Referred to Appropriations Committee. 

By Senator Speed: • 

S.B. 1787, a bill to appropriate funds to various community service organizations in 
Vance County. 

Referred to Appropriations Committee: 



CONFIRMATION OF APPOINTMENTS 

Senator Hunt of Durham submits the following report for the Pensions and Re- 
tirement Committee: 

The Senate Committee on Pensions and Retirement, which has been 
charged by the Lieutenant Governor with the duty of inquiring into the qualifications 
and fitness of persons appointed by the Governor in cases where appointments are 
subject to confirmation by the Senate of the General Assembly, reports as follows: 

The Senate Committee on Pensions and Retirement recommends that in 
compliance with G.S. 135-6 the members of the Senate vote to confirm the appoint- 
ment by the Governor of Mr. W. Eugene McCombs, Mr. James M. Cooper, and Mr. 
James R. Hawkins to a four year term to the Board of Trustees of the Teachers' and 
State Employees' Retirement System, expiring April 1, 1992. 

On motion of Senator Hunt the Senate adopts the report of the Committee by roll- 
call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Wake, Martin of Guilford, Marvin, McDuffie, Par- 
nell, Rauch, Richardson, Royall, Seymour, Shaw, Sherron, Smith, Speed, Staton, 
Taft, Tally, Thomas, Walker, Ward, Warren, and Winner— 38. 

Voting in the negative: None. 



June 17, 1988 



1988] SENATE JOURNAL 67 

The Chair announces the confirmation of W. Eugene McCombs, James M. Coo- 
per, and James R. Hawkins, to the Board of Trustees of the Teachers' and State 
Employees' Retirement System for a term expiring April 1, 1992. 

RE-REFERRALS 

S.B. 1585, a bill to increase the death benefit under the Teachers' and State Em- 
ployees' Retirement System. 

On motion of Senator Hunt of Durham the bill is taken from the Calendar for today 
and placed before the Senate for immediate consideration. 

On motion of Senator Hunt of Durham, Committee Amendment No. 1 is adopted. 

On motion of Senator Hunt of Durham, the bill, as amended, is ordered engrossed 
and re-referred to the Appropriations Committee. 

S.B. 1597, a bill to increase the fine for unauthorized parking in a handicapped 
parking space in the City of Jacksonville. 

On motion of Senator Ezzell, the rules are suspended and the bill is taken from the 
Local Government and Regional Affairs I Committee and re-referred to the 
Finance Committee. 

S.B. 1605, a bill exempting sailboards (wind surfboards) from a local modification 
for Mecklenburg County of G.S. 75A-6. 

On motion of Senator Ezzell, the rules are suspended and the bill is taken from the 
Local Government and Regional Affairs I Committee and is placed on the 
Calendar for immediate consideration. 

The Chair orders the bill temporarily displaced. 

WITHDRAWAL FROM COMMITTEE 

S.B. 1608, a bill to amend the law regarding appointments to the Board of Com- 
missioners of the Onslow Memorial Hospital Authority. 

On motion of Senator Ezzell, the rules are suspended, and the bill is taken from the 
Local Government and Regional Affairs I Committee and placed before the 
Senate for immediate consideration. 

The bill passes its second and third readings and is, without objection, sent to the 
House of Representatives by special messenger. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 1273, an act to provide permanent registration plates for disaster relief motor 
vehicles. (Ch. 885) 

H.B. 1859 (Committee Substitute), an act to appropriate additional funds for re- 
curring expenses for the 1988-89 fiscal year. (Ch. 886) 

H.B. 2190, an act to annex certain territory to the Town of Stoneville at a specified 
future date. (Ch. 887) 

H.B. 2204, an act to add two members to the Martin County and the Bertie County 
Alcoholic Beverage Control Boards. (Ch. 888) 

H.B. 2250, an act to provide for a modified distribution of the local proceeds from 
operation of alcoholic beverage control stores in the Town of Highlands, Macon 
County. (Ch. 889) 



June 17, 1988 



68 SENATE JOURNAL [Second Session 

S.B. 1600, an act to clarify the manner of election of the new Rowan-Salisbury 
Board of Education. (Ch. 890) 

S.J.R. 1588, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to make permanent an act permitting grand 
juries to investigate drug trafficking, and concerning criminal contempt and immunity. 
(Res. 38) 

S.J.R. 1643, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to conform the General Statutes to an 
opinion of the United States Supreme Court by requiring notice to known creditors of 
the last date for presentation of claims against a decedent's estate as recommended by 
the General Statutes Commission. (Res. 39) 

S.J.R. 1644, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to allow the district court to sit in 
Havelock. (Res. 40) 

WITHDRAWAL FROM CALENDAR 

H.B. 858 (Senate Committee Substitute), a bill to prohibit withdrawal of candidacy 
after filing deadline and to address other campaign and election matters. 

On motion of Senator Kaplan, the Senate Committee Substitute bill is taken, with- 
out objection, from the Calendar for today and is placed on the Calendar for Tuesday, 
June 21, for further consideration. 

CONFERENCE COMMITTEE REPORT 

H.B. 142 (Senate Committee Substitute), a bill to increase the annual income tax 
exclusion for federal civil service and military retirement pay. Conference Report, for 
adoption. 

The following Senators are excused from voting for the stated reasons: 

Senator Staton: "I am affected by the provisions of the bill which constitutes a con- 
flict of interest." 

Senator Cobb: none stated 

Senator Richardson: none stated 

On motion of Senator Guy, the Conference Report submitted Thursday, June 16, is 
adopted (electronically recorded) and a message is ordered sent to the House of Rep- 
resentatives informing that Honorable Body of such action, 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 142 House of Representatives 

(Senate Committee Substitute) June 16, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on Senate Committee Substitute for 
H.B. 142, a bill to be entitled an act to increase the annual income tax exclusion for 
federal civil service and military retirement pay to the end that when a similar action 
has been taken on the part of the Senate, we will order the bill enrolled. 

Respectfully, 
S/Grace Collins 
Principal Clerk, 



June 17, 1988 



1988] SENATE JOURNAL 69 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 2174, a bill to allow the County of Catawba to impose facility fees. 
Referred to Finance Committee. 

H.B. 2187, a bill to revise and consolidate the Charter of the Town of Clayton. 
Referred to Local Government and Regional Affairs I Committee. 

H.B. 2201, a bill to grant the Town of Rutherfordton authority to hold a referen- 
dum on adding a property tax levy for a recreational capital building fund. 
Referred to Finance Committee. 

H.B. 2207, a bill to authorize Alamance County to levy a room occupancy and 
tourism development tax. 

Referred to Finance Committee. 

H.B. 2210, a bill to allow the Town of Holden Beach to hold additional street 
assessments in abeyance. 

Referred to Finance Committee. 

H.B. 2216, a bill to make conforming changes to laws relating to courts, so as to 
conform to Chapter 509 of the 1987 Session Laws, as recommended by the Legislative 
Research Commission. 

Referred to Judiciary IV Committee. 

H.B. 2229, a bill to authorize the Town of Sunset Beach to levy a room occupancy 
and tourism development tax. 

Referred to Finance Committee. 

H.B. 2235, a bill to allow Rutherford County to levy an ad valorem tax for a rec- 
reational lake. 

Referred to Finance Committee. 

H.B. 2245, a bill to allow the governing body of Wake County or its incorporated 
municipalities to contract with banks and other financial institutions for receipt of pay- 
ment of property taxes. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2251, a bill to allow the Cleveland County Board of Commissioners, after 
public hearing, to extend the boundaries of any voted fire protection district out to five 
road miles.. 

Referred to Finance Committee. 

H.B. 2253, a bill to make it a criminal offense in Washington County for a person 
to obtain ambulance services without intending to pay for those services although fi- 
nancially able to pay and to make it a criminal offense in Washington County for a 
person to make an unneeded ambulance request. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 2281, a bill to increase the maximum vehicle tax that can be levied in the 
City of Henderson from five dollars to ten dollars. 
Referred to Finance Committee. 

H.B. 2282, a bill to expand the Elizabethtown Airport and Economic Development 
Commission. 

Referred to Local Government and Regional Affairs I Committee. 



June 17. 1988 



70 SENATE JOURNAL [Second Session 

H.B. 2283, a bill to amend the local laws relating to the Bureau of Identification 
for Wake County. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2288, a bill to make permanent a temporary act providing that the City of 
Clinton need not mail zoning notices to areas newly annexed or newly added to its 
extraterritorial jurisdiction. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2295, a bill to authorize the Town of Holden Beach to levy a room occupancy 
and tourism development tax. 

Referred to Finance Committee. 

H.B. 2297, a bill to amend the Charter of the City of High Point relating to pur- 
chasing, contracting and bidding. 

Referred to Local Government and Regional Affairs H Committee. 

H.B. 2298, a bill to authorize the County of Jones to adopt an official flag. 
Referred to Local Government and Regional Affairs I Committee. 

H.B. 2303, a bill to exempt the City of Kinston from Article 12, Chapter 160 A of 
the General Statutes in the sale or lease of certain real property to the American Le- 
gion Post, Kinston, North Carolina. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2304, a bill to allow the Town of Tabor City to convey certain property at 
private sale. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2305, a bill to allow the Town of Kernersville to dispose of certain real prop- 
erty by private negotiation and sale. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2310, a bill to amend G.S. 58-490 to include the Redevelopment Commis- 
sion of the Town of Tarboro in the definition of "local government". 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2313, a bill setting forth the method of electing the Duplin County Board of 
Commissioners and Board of Education as ordered by the United States District Court 
in February 1988. 

Referred to Election Laws Committee. 

H.B. 2317, a bill to allow the Town of Pine Knoll Shores to regulate trees. 
Referred to Local Government and Regional Affairs H Committee. 

H.B. 2319, a bill to amend the law regarding the Board of Commissioners of a 
hospital authority in Craven Hospital. 

Referred to Local Government and Regional Affairs H Committee. 

H.B. 2321, a bill to allow Rutherford County and municipalities within that county 
to enter into long-term contracts for the disposal of solid waste. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2330, a bill allowing construction of the Bertie County Office Building using 
the design-build contract system. 

Referred to Local Government and Regional Affairs H Committee. 

H.B. 2339, a bill to change the name of the Greensboro-High Point Regional Air- 
port Authority to the Piedmont Triad Airport Authority and to change the name of the 



June 17, 1988 



1988] SENATE JOURNAL 71 

Greensboro/High Point/ Winston-Salem Regional Airport to the Piedmont Triad Inter- 
national Airport. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 2342, a bill to raise the statutory threshold requiring formal bids for appara- 
tus, material, or equipment for Forsyth County, the City of Winston-Salem, and the 
Forsyth/Stokes Area Mental Health, Mental Retardation and Substance Abuse 
Authority. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 2333, a bill to expand the Bladen County Board of County Commissioners 
from five to nine members, and to provide for their nomination and election under a 
mixed electoral system. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2343, a bill providing for the election of the Craven County Board of Com- 
missioners. 

Referred to Election Laws Committee. 

H.B. 2347, a bill to amend the act establishing the Lake Wylie Marine Commis- 
sion, so as to conform to a similar South Carolina law so that the acts may by submit- 
ted to the Congress of the United States for approval. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2350, a bill to define "subdivision" for purposes of subdivision regulations in 
Person County. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2356, a bill to provide for a special primary to fill a vacancy on the Vance 
County Board of Education, and to provide that in filling further vacancies, the Board 
of Education must choose the candidate recommended by the County Party Executive 
Committee of the vacating member. 

Referred to Election Laws Committee. 

H.B. 2358, a bill to allow Lee County to dispose of certain property to a developer 
for a Resource Center by either an installment purchase agreement or a lease purchase 
agreement. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2359, a bill to provide for enforcement of building and other codes by the 
County of Craven as to property owned or leased by the Craven Regional Medical 
Center rather than by cities in that county. 

Referred to Local Government and Regional Affairs II Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1632, a bill to amend the Charter of the Town of Knightdale relating to drive- 
ways, site plan and subdivision approval, road or drainage project fees, and open 
space project fees, and recreational fees, as amended, upon third reading. 

On motion of Senator Speed, consideration of the bill, as amended, is postponed 
until Monday, June 20. 

H.B. 280 (Senate Committee Substitute), a bill to authorize Hertford County to 
levy a room occupancy and tourism development tax, upon third reading. 

The Senate Committee Substitute bill passes its third reading by roll call vote, ayes 
37, noes 1, as follows: 



June 17, 1988 



72 SENATE JOURNAL [Second Session 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Cobb, Daniel, 
Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Seymour, Shaw, Sherron, Smith, Speed, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner— 37. 

Voting in the negative: Senator Bryan — 1. 

The Senate Committee Substitute bill is ordered sent to the House of Representatives 
for concurrence in the Senate Committee Substitute bill. 

S.B. 1603, a bill to conform Catawba County School Board appointments to the 
provisions of G.S. 115C-37. 

The bill passes its second and third readings and is ordered, without objection, sent 
to the House of Representatives by special messenger. 

S.B. 1606, a bill to amend Chapter 506, 1987 Session Laws, regarding the Char- 
lotte Firefighters' Retirement System. 

On motion of Senator Hunt of Durham, Committee Amendment No. 1, which 
changes the title to read S.B. 1606, a bill to amend Chapter 926 of the 1947 Session 
Laws, as rewritten by Chapter 506, 1987 Session Laws, regarding the Charlotte Fire- 
fighters' Retirement System, is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 1617, a bill to amend Chapter 505 of the 1983 Session Laws, regarding the 
Wilmington Firemen's Benefit Fund. 

The bill passes its second and third readings and is ordered, without objection, sent 
to the House of Representatives by special messenger. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 2613, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider bills relating to projects at the University of North Carolina. 

Without objection, on motion of Senator Rand, the rules are suspended, and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered enrolled. 

CALENDAR (Continued) 

H.B. 288 (Senate Committee Substitute), a bill regarding modifying the penalty for 
failure to list a motor vehicle for property taxes and amending the North Carolina 
Motor Vehicle Salvage Title Law, upon second reading. 

Senator Warren offers a motion that the rules be suspended, and the bill be tempo- 
rarily displaced awaiting copies from printing, which motion prevails. 

RE-REFERRALS 

S.B. 1712, a bill to authorize the issuance of four hundred fifty million dollars of 
general obligation bonds of the State, subject to a vote of the qualified voters of the 
Slate, to provide funds for highway facilities. 

On motion of Senator Rauch, the rules are suspended and the bill is taken from the 
Finance Committee and re-referred to the Transportation Committee. 



June 17, 1988 



1988] . SENATE JOURNAL 73 

S.B. 605 (Committee Substitute), a bill to create a pay policy for State employment 
under Chapter 126 of the General Statutes and to revise the merit pay system in effect 
for State employees subject to that Chapter. 

On motion of Senator Taft, the rules are suspended and the Committee Substitute 
bill is taken from the Appropriations Committee and re-referred to the State 
Personnel Committee. 

WITHDRAWAL FROM CALENDAR 

H.B. 1264, a bill to increase the penalty for assaults upon governmental officers 
and employees. 

Without objection, on motion of Senator Taft the bill is taken from the Calendar for 
today and is placed on the Calendar for Monday, June 20, for consideration. 

CALENDAR (Continued) 

S.B. 1605, a bill exempting sailboards (wind surfboards) from a local modification 
for Mecklenburg County of G.S. 75A-6. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H.B. 1204 (Senate Committee Substitute No. 3), a bill to give water and sewer 
authorities the same power as cities and counties to purchase property subject to a 
purchase money security interest, upon second reading. 

The Chair rules the Senate Committee Substitute bill No. 3 is a material amendment 
to the original bill and that the adoption of the Senate Committee Substitute bill No. 3 
on Thursday, June 16, constitutes first reading. 

On motion of Senator Rauch, Senate Committee Substitute bill No. 3 is re-referred 
to the Finance Committee. 

S.B. 1621, a bill to amend the North Carolina Technological Development 
Authority's enabling legislation regarding ownership of incubator facilities to increase 
public/private partnerships. 

On motion of Senator Rand, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

H.B. 243 (Senate Committee Substitute), a bill to ensure that day care home 
providers are represented on the Child Day-Care Commission. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in 
the Senate Committee Substitute bill. 

H.B. 475 (Committee Substitute), a bill to require timely payments to subcontrac- 
tors and suppliers, and to provide for interest on late payments. 

On motion of Senator Johnson of Wake. Committee Amendment No. 1 is adopted. 

Senator Hipps offers Amendment No. 2 which is adopted (electronically recorded). 

Senator Rauch offers Amendment No. 3 which he subsequently withdraws. 

The Committee Substitute bill, as amended, passes its second reading (electroni- 
cally recorded). 

Senator Swain objects to the third reading of the bill which objection he subsequently 
withdraws, whereupon Senator Rauch objects to the third reading of the bill. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow for further consideration upon third reading. 

H.B. 1240 (Senate Committee Substitute), a bill to make certain changes in the 
law regarding fraudulent disposal of property. 

On motion of Senator Kaplan, consideration of the Senate Committee Substitute bill 
is postponed until Tuesday, June 21. 



June 17. 1988 



74 SENATE JOURNAL [Second Session 

The Chair declares the Senate in recess until 11:55 for the purpose of committee 
meetings. 

: RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan III, Lieutenant Governor. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows 

By Senator Rauch for the Finance Committee: 

S.B. 1597, a bill to increase the fine for unauthorized parking in a handicapped 
parking space in the City of Jacksonville, with a favorable report. 

On motion of Senator Rauch, the rules are suspended and the bill is placed before 
the Senate for immediate consideration, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 32, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Block, Bryan, Cobb, Daniel, 
Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Moore, 
Kaplan, Martin of Guilford, Marvin, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Seymour, Shaw, Sherron, Speed, Swain, Taft, Tally, Ward, and Win- 
ner — 32. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 1204 (Senate Committee Substitute No. 3), a bill to give water and sewer 
authorities the same power as cities and counties to purchase property subject to a 
purchase money security interest, with a favorable report. 

On motion of Senator Rauch, the rules are suspended and the Senate Committee 
Substitute bill No. 3 is placed before the Senate for immediate consideration, upon 
second reading. 

The Senate Committee Substitute bill No. 3 passes its second reading by roll-call 
vote, ayes 35, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Block, Bryan, Cobb, Daniel, 
Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Moore, 
Kaplan, Martin of Guilford, Marvin, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Seymour, Shaw, Sherron, Speed, Swain, Taft, Tally, Thomas, Walker, 
Ward, Warren, and Winner — 35. 

Voting in the negative: Senator Smith — 1. 

The Senate Committee Substitute bill No. 3 is ordered placed on the Calendar for 
tomorrow for further consideration upon third reading. 

H.B. 2174, a bill to allow the County of Catawba to impose facility fees, with a 
favorable report, as amended. 

On motion of Senator Rauch, the rules are suspended and the bill is placed before 
the Senate for immediate consideration, upon second reading, and on his further mo- 
tion Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 37, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hunt of Durham, Hunt 



June 17, 1988 



1988] SENATE JOURNAL 75 

of Moore, Kaplan, Martin of Guilford, Marvin, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Seymour, Shaw, Sherron, Smith, Speed, Staton, Swain, Taft, 
Tally, Thomas, Ward, Warren, and Winner— 37. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow for further 
consideration upon third reading. 

By Senator Plyler for the Appropriations Committee: 

S.B. 1585, a bill to increase the death benefit under the Teachers' and State Em- 
ployees' Retirement System, as amended, with a favorable report. 

On motion of Senator Plyler, the rules are suspended and the bill, as amended, is 
placed before the Senate for immediate consideration. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 



CALENDAR (Continued) 

H.B. 288, a bill regarding modifying the penalty for failure to list a motor vehicle 
for property taxes and amending the North Carolina Motor Vehicle Salvage Title Law, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 32, noes 2, as follows: 

Voting in the affirmative: Senators Allran, Basnight, Block, Bryan, Cobb, Daniel, 
Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hunt of Durham, Hunt of 
Moore, Martin of Guilford, Marvin, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Shaw, Sherron, Smith, Speed, Swain, Taft, Tally, Walker, Ward, and War- 
ren— 32. 

Voting in the negative: Senators Seymour and Thomas — 2. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

The Chair declares the Senate in recess for 10 minutes for the purpose of committee 
meetings. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan III, Lieutenant Governor. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.J.R. 2613, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider bills relating to projects at the University of North Carolina. (Res. 
41) 

The Chair announces receipt of ratified enabling resolutions as follows: 

S.J.R. 1588, an act authorizing the 1987 General Assembly, 1988 Session, to con- 
sider a bill to be entitled an act to make permanent an act permitting grand juries to 
investigate drug trafficking, and concerning criminal contempt and immunity. (Res. 
38) 



June 17, 1988 



76 SENATE JOURNAL [Second Session 

S.J.R. 1643, an act authorizing the 1987 General Assembly, 1988 Session, to con- 
sider a bill to be entitled an act to conform the General Statutes to an opinion of the 
United States Supreme Court by requiring notice to known creditors of the last date for 
presentation of claims against a decedent's estate as recommended by the General 
Statutes Commission. (Res. 39) 

S.J.R. 1644, an act authorizing the 1987 General Assembly, 1988 Session, to con- 
sider a bill to be entitled an act to allow the district court to sit in Havelock. (Res. 40) 

INTRODUCTION OF BILL 

Senator Rand moves that Rule 40 be suspended to allow the introduction of the 
following bill which motion prevails by a two-thirds majority vote. 

By Senator Rand: 

S.B. 1837, a bill to make permanent an act permitting grand juries to investigate 
drug trafficking, and concerning criminal contempt and immunity. 

On motion of Senator Rand, the bill is placed on the Calendar for Tuesday, June 
21. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Seymour for the Alcoholic Beverage Control Committee: 

H.B. 2213, a bill to provide for the distribution of the proceeds of the surcharge on 
liquor sold to liquor by the drink permittees in Alamance County to the Cities of Bur- 
lington and Graham, with a favorable report. 

On motion of Senator Harrington, seconded by Senator Daniel, the Senate adjourns 
at 12:25 P.M. to meet Monday, June 20, at 6:30 P.M. 



ONE HUNDRED FORTY-EIGHTH DAY 

Senate Chamber, 
Monday, June 20, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O God, Who in the dawn of earth's first morning, didst speak, saying: 'Let there 
be light. . ' 

"Here in our world of many words, where contending voices clamor for attention, 
we ask of Thee the gift of a listening ear so that we may hear the Voice that speaks the 
truth which resonates deeply within— that Still Small Voice which alone can enable us 
to discern right from wrong, good from bad, wisdom from folly. 

"Our mothers and fathers have told us, O Living Lord, Thy Word is a two-edged 
sword that can cause strong hands to tremble and human flesh to quiver. 



June 20, 1988 



1988] SENATE JOURNAL 77 

"It is a surgeon's scalpel that cuts away unauthentic forms of faith, and can plumb 
the depths of our best-loved hypocrisy. 

"Even so, O God, we are bold to pray, 'I am listening, Lord, for Thee: Master, 
speak! O speak to me!' Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday, June 17, has been examined and is found to be correct. On 
his motion, the Senate dispenses with the reading of the Journal and it stands ap- 
proved as written. 

The President grants leaves of absence to Senators Sands, Cobb, Goldston, and 
Smith for tonight. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 837 (Senate Committee Substitute), an act to permit home instruction, under 
certain conditions, as a means of complying with compulsory school attendance re- 
quirements. (Ch. 891) 

H.B. 142 (Senate Committee Substitute), an act to increase the annual income tax 
exclusion for federal civil service and military retirement pay. (Ch. 892) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Walker and Hunt of Moore: 

S.B. 1788, a bill to appropriate funds for fire fighting and rescue services in Orange 
and Moore Counties. 

Referred to Appropriations Committee. 

By Senator Ezzell: 

S.B. 1789, a bill to appropriate funds to various cultural resource organizations in 
Nash and Wilson Counties. 

Referred to Appropriations Committee. 

By Senator Ezzell: 

S.B. 1790, a bill to appropriate funds to the Department of Community Colleges for 
the Wilson County Technical College. 

Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 1791, a bill to appropriate funds for various North Carolina statewide pro- 
jects. 

Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 1792, a bill to appropriate funds for human services programs in Anson, 
Montgomery, Richmond, Scotland, Stanly, and Union Counties. 
Referred to Appropriations Committee. 



June 20, 1988 



78 SENATE JOURNAL [Second Session 

By Senators Goldston and Sands: 

S.B. 1793, a bill to appropriate funds for various cultural programs in Surry, Ashe, 
and Stokes Counties. 

Referred to Appropriations Committee. 

By Senator Thomas: 

S.B. 1794, a bill to appropriate funds for local human service projects in western 
North Carolina. 

Referred to Appropriations Committee. 

By Senator Thomas: 

S.B. 1795, a bill to appropriate funds for projects and improvements at Blue Ridge 
Community College and at the University of North Carolina at Asheville. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S.B. 1796, a bill to appropriate funds for various local community service projects 
in the Sixteenth District. 

Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S.B. 1797, a bill to appropriate funds for the renovation of the Sandhills Commu- 
nity College Library. 

Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S.B. 1798, a bill to appropriate funds for various human services programs in Scot- 
land and Richmond Counties. 

Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S.B. 1799, a bill to appropriate funds for various community service projects in 
Anson and Richmond Counties. 

Referred to Appropriations Committee 

By Senators Conder and Plyler: 

S.B. 1800, a bill to appropriate funds for several cultural projects in Richmond 
County. 

Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 1801, a bill to appropriate funds for a Guilford County arts project. 
Referred to Appropriations Committee. 

Senator Martin of Guilford: ^ 

S.B. 1802, a bill to appropriate funds for Guilford County education projects. 
Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 1803, a bill to appropriate funds for a Guilford County mediation project. 
Referred to Appropriations Committee. 



June 20, 1988 



1988] SENATE JOURNAL 79 

By Senator Martin of Guilford: 

S.B. 1804, a bill to appropriate funds for Guilford County restoration and renova- 
tion projects. 

Referred to Appropriations Committee. 

By Senator Barker: 

S.B. 1805, a bill to appropriate funds to the A. A. Cunningham Air Museum Foun- 
dation, Inc., for planning costs for an air museum. 
Referred to Appropriations Committee. 

By Senator Ezzell: 

S.B. 1806, a bill to appropriate funds to various human services projects in Halifax 
and Nash Counties. 

Referred to Appropriations Committee. 

By Senator Rand: 

S.B. 1807, a bill to appropriate funds to encourage the growth of industry in Cum- 
berland County and the Fayetteville area. 
Referred to Appropriations Committee. 

By Senators Rand and Warren: 

S.B. 1808, a bill to appropriate funds to promote tourism in eastern North Caro- 
lina. 

Referred to Appropriations Committee. 

By Senators Walker and Hunt of Moore: 

S.B, 1809, a bill to appropriate funds for the Chatham Drug Task Force. 
Referred to Appropriations Committee. 

By Senators Sands and Goldston: 

S.B. 1810, a bill to appropriate funds for various public safety projects in Rockin- 
gham and Stokes Counties. 

Referred to Appropriations Committee. 

By Senators Sands and Goldston: 

S.B. 1811, a bill to appropriate funds for various municipal improvement projects 
in Rockingham and Surry Counties. 

Referred to Appropriations Committee. 

By Senator Sands: 

S.B. 1812, a bill to appropriate funds for forestry equipment and an Assistant 
County Ranger in Alleghany County. 

Referred to Appropriations Committee. 

By Senators Goldston and Sands: 

S.B. 1813, a bill to appropriate funds for various human services programs in 
Rockingham and Surry Counties. 

Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S.B. 1814, a bill to appropriate funds for various human service projects in the 
Sixteenth District. 

Referred to Appropriations Committee. 



June 20, 1988 



80 SENATE JOURNAL [Second Session 

By Senators Swain and Winner: ' 

S.B. 1815, a bill to appropriate funds for various projects in Buncombe, Jackson, 
and Madison Counties. 

Referred to Appropriations Committee. 

By Senator Speed: 

S.B. 1816, a bill to appropriate funds to various human services organizations in 
Vance, Franklin, Wake, and Warren Counties. 
Referred to Appropriations Committee. 

By Senator Speed: 

S.B. 1817, a bill to appropriate funds to various public safety organizations in 
Franklin and Wake Counties. 

Referred to Appropriations Committee. 

By Senator Barker: 

S.B. 1818, a bill to appropriate funds for historical purposes in Carteret County. 
Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 1819, a bill to appropriate funds to the Town of Haw River for a fence around 
the Haw River Recreation Park. 

Referred to Appropriations Committee. 

By Senator Thomas: 

S.B. 1820, a bill to appropriate funds for cultural resource projects in Transylvania 
and Henderson Counties. 

Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 1821, a bill to appropriate funds for 6th Senate District cultural resources 
projects. 

Referred to Appropriations Committee. 

By Senators Taft and Basnight: 

S.B. 1822, a bill to appropriate funds to the City of Washington for a swimming 
pool. 

Referred to Appropriations Committee. 

By Senator Barker: 

S.B. 1823, a bill to allow the district court to sit in Havelock. 
Referred to Judiciary II Committee. 

By Senator Daniel: 

S.B. 1824, a bill to appropriate funds to the Piedmont Triad Council of Govern- 
ment for economic development. 

Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 1825, a bill to appropriate funds for Anson, Montgomery, Richmond, Scot- 
land, Stanly, and Union Counties— 1. 

Referred to Appropriations Committee. 



June 20, 1988 



1988] ' SENATE JOURNAL 81 

By Senators Plyler and Conder: 

S.B. 1826, a bill to appropriate funds to the City of Troy for expansion of Troy 
Park. 

Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 1827, a bill to appropriate funds for cultural programs in Anson, 
Montgomery, Richmond, Scotland, Stanly, and Union Counties. 
Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 1828, a bill to appropriate funds for paving the parking lot at the Alamance 
County Historical Museum. 

Referred to Appropriations Committee. 

By Senators Barnes and Seymour: 

S.B. 1829, a bill to appropriate funds to North Carolina State University to provide 
technical services for recreation in North Carolina. 
Referred to Appropriations Committee. 

By Senator Barnes: 

S.B. 1830, a bill to to appropriate funds for Wayne County community services 
projects. 

Referred to Appropriations Committee. 

By Senator Barnes: 

S.B. 1831, a bill to appropriate funds for Wayne and Greene County Fire and Res- 
cue Squad public safety projects. 

Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 1832, a bill to appropriate funds for Anson, Montgomery, Richmond, Scot- 
land, Stanly, and Union Counties — 4. 

Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 1853, a bill to appropriate funds for Anson, Montgomery, Richmond, Scot- 
land, Stanly, and Union Counties— 3. 

Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 1834, a bill to appropriate funds for Anson, Montgomery, Richmond, Scot- 
land, Stanly, and Union Counties — 5. 

Referred to Appropriations Committee. 

By Senator Royall: 

S.B. 1835, a bill to appropriate funds for Durham, Granville, Person, and Orange 
Counties — 5. 

Referred to Appropriations Committee. 



June 20, 1988 



82 . SENATE JOURNAL [Second Session 

1 
By Senator Warren: 

S.B. 1836, a bill to appropriate funds for community services projects in Johnston 
and Sampson Counties. 

Referred to Appropriations Committee. 

By Senator Smith: 

S.B. 1838, a bill to clarify the fees applicable to generators and transporters of 
hazardous waste, and to hazardous waste storage, treatment, and disposal facilities. 
Referred to Environment Committee. 

By Senator Barker: 

S.B. 1839, a bill to provide that the University of North Carolina Sea Grant College 
Program shall test the feasibility of reseeding bay scallops and initiating bay scallop 
aquaculture in North Carolina and to appropriate funds for the testing. 

Referred to Appropriations Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 301, a bill to delete the requirement that vehicles approaching a flashing 
yellow light should yield the right of way, for concurrence in the House Committee 
Substitute bill which changes the title, upon concurrence, to read, S.B. 301 (House 
Committee Substitute) , a bill to change the terms of the at-large members of the 
Board of Directors of the North Carolina Memorial Hospital. 

Referred to Transportation Committee. 

S.B. 511, a bill to make technical corrections to the insurance law, for concurrence 
in the House Committee Substitute bill which changes the title, upon concurrence, to 
read, S.B. 511 (House Committee Substitute), a bill to make technical amendments 
to the insurance law. 

Referred to Insurance Committee. 

H.B. 2170, a bill to expand the income tax exemption for double leg amputees to 
include below-the-knee amputation. 
Referred to Finance Committee. 

H.B. 2186, a bill to exempt insulin from sales and use taxes. 
Referred to Finance Committee. 

H.B. 2263, a bill relating to performance and payment bonds to the City of 
Winston-Salem. 

Referred to Finance Committee. 

H.B. 2214, a bill to increase the maximum vehicle tax that can be levied in the 
Town of Murfreesboro from five dollars to twenty dollars. 
Referred to Finance Committee. 

H.B. 2220, a bill to revise and consolidate the Charter of the Town of Castalia, 
North Carolina. 

Referred to Finance Committee. 

H.B. 2234, a bill to increase the supplemental retirement available under the 
Shelby Local Firemen's Relief Fund. 

Referred to Pensions and Retirement Committee. 



June 20, 1988 



1988] SENATE JOURNAL 83 

H.B. 2239, a bill to amend the fox hunting law in Wayne County. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 2240, a bill to allow Wake County to create rural fire protection districts 
contiguous with the boundaries of existing county fire service districts and to annex 
territory to rural fire protection districts. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2252, a bill to repeal the prohibition of running deer on part of Dare County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 2254, a bill regarding the taking of black bears in certain counties. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 2261 (Committee Substitute), a bill enabling the Towns of Nags Head and 
Kill Devil Hills to pass an ordinance to require that all rental residential dwelling units 
have automatic smoke detectors and to allow pawn shops to operate in the Colington 
Tax District. 

Referred to Local Government and Regional Affairs H Committee. 

H.B. 2279, a bill to authorize the Town of Ahoskie to levy special assessments for 
street or sidewalk improvements. 
Referred to Finance Committee. 

H.B. 2290, a bill to extend the time during which the Cherokee Board of Equaliza- 
tion and Review may sit. 

Referred to Finance Committee. 

H.B. 2296, a bill to amend the Charter of the City of High Point relating to assess- 
ments for water mains and sewers. 
Referred to Finance Committee. 

H.B. 2299, a bill to allow shampooing by unlicensed shampooers in Duplin 
County. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2315, a bill to amend Session Laws 1985 (Regular Session 1986), Chapter 
903, to require any person possessing a firearm or bow and arrow that is readily avail- 
able for use to secure an entry permit before entering or remaining on registered land 
or remaining on abutting portions of highway. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 2316, a bill to authorize Vance County to levy a room occupancy and tourism 
development tax. 

Referred to Finance Committee. 

H.B. 2318, a bill to authorize the Town of Pine Knoll Shores to create a sea turtle 
sanctuary. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 2326, a bill to authorize Richmond County to levy a room occupancy tax. 
Referred to Finance Committee. 

H.B. 2328, a bill to amend the Charter of the Mooresville Graded School District 
to provide for the extension of the boundaries of the district. 
Referred to Finance Committee. 

H.B. 2331 (Committee Substitue) , a bill to validate certain registration certifica- 
tions in Martin County. 

Referred to Local Government and Regional Affairs I Committee. 



June 20, 1988 



84 . SENATE JOURNAL [Second Session 

H. B. 2332, a bill to authorize Pender County to levy a room occupancy and tourism 
development tax. 

Referred to Finance Committee. 

H.B. 2334, a bill to repeal the prohibition of the manufacture and sale of liquor in 
the Town of Wade. 

Referred to Alcoholic Beverage Control Committee. 

H.B. 2344, a bill regarding the Stanly County Economic Development Commis- 
sion. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 2345, a bill to expand the Stanly County Airport Authority. 
Referred to Local Government and Regional Affairs II Committee. 

H.B. 2346, a bill to change the statutory definition of subdivision for Stanly 
County. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 2348, a bill to amend the Gastonia Fair Housing Act. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2352, a bill to change the manner of election of the Caswell County Board of 
Commissioners and the Caswell County Board of Education so as to implement a fed- 
eral court order. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2354, a bill to repeal the prohibition of the manufacture and sale of liquor in 
the Town of Godwin. 

Referred to Alcoholic Beverage Control Committee. 

H.B. 2360 (Committee Substitute), a bill to allow "severely distressed counties" 
and cities in those counties to retain small cities Community Development Block Grant 
Program income. 

Referred to Finance Committee. 

H.B. 2361, a bill to modify legal restrictions on the City of Lumberton's use of its 
occupancy tax proceeds. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2372, a bill to amend the formula used to apportion the income of multi-state 
corporations to this State for income taxation and to conform the formula for payment 
of estimated taxes to the federal formula. 

Referred to Finance Committee. 

H.J.R. 2377, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion to consider a bill to be entitled, an act to insure freedom from political interfer- 
ence for additional classes of state employees. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 2389 (Committee Substitute), a bill to provide for special tax treatment of 
Subchapter S Corporations. 

Referred to Finance Committee. , ^ 

H.B. 2228, a bill to allow the Towns of Holden Beach and Sunset Beach to make 
special assessments for undergrounding of utilities. 
Referred to Finance Committee. 

H.B. 2244, a bill concerning voluntary satellite annexations by the Town of Gar- 
ner. 

Referred to Finance Committee. 



June 20, 1988 



1988] SENATE JOURNAL 85 

H.B. 2264, a bill to provide for the purchase of military service under the Legisla- 
tive Retirement System after the completion of five years of creditable service. 
Referred to Pensions and Retirement Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1597, a bill to increase the fine for unauthorized parking in a handicapped 
parking space in the City of Jacksonville, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Con- 
der, Ezzell, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Johnson of 
Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Seymour, Shaw, Sher- 
ron, Simpson, Soles, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, 
Warren, and Winner — 41. 

Voting in the negative: None, 

The bill is ordered, without objection, sent to the House of Representatives by spe- 
cial messenger. 

S.B. 1632, a bill to amend the Charter of the Town of Knightdale relating to drive- 
ways, site plan and subdivision approval, road or drainage project fees, and open 
space project fees and recreational fees, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 41, noes 0, as 
follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Con- 
der, Ezzell, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Johnson of 
Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Seymour, Shaw, Sher- 
ron, Simpson, Soles, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, 
Warren, and Winner— 41. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

H.B. 2174, a bill to allow the County of Catawba to impose facility fees, as 
amended, upon third reading. 

Senator Allran offers a motion that the vote by which the bill, as amended, passed 
its second reading be reconsidered, which motion prevails. 

Senator Allran offers Amendment No. 2 which is adopted (electronically recorded). 

The bill, as amended, passes its second reading by roll-call vote, ayes 39, noes 0, 
as follows:^ 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Conder, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Rand, Rauch, Richardson, Royall, Seymour, Shaw, Sherron, Simpson, Soles, Speed, 
Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner— 39. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow for further 
consideration upon third reading. 

S.B. 1615, a bill to authorize the City of Raleigh to levy a motor vehicle tax not to 

exceed ten dollars, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 

Bryan, Conder, Ezzell, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, 



June 20, 1988 



86 SENATE JOURNAL [Second Session 

Johnson of Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Seymour, Shaw, Sher- 
ron, Simpson, Soles, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, 
Warren, and Winner— 42. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H. B. 2213, an act to provide for the distribution of the proceeds of the surcharge on 
liquor sold to liquor by the drink permittees in Alamance County to the Cities of Bur- 
lington and Graham. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 288 (Senate Committee Substitute), a bill regarding modifying the penalty for 
failure to list a motor vehicle for property taxes and amending the North Carolina 
Motor Vehicle Salvage Title Law, upon third reading. 

Senator Ezzell rises to a point of order as to the Senate Committee Substitute bill 
being germane to the original bill. 

The Chair rules that the Senate Committee Substitute bill is germane. 

Senator Ezzell offers Amendment No. 1. After lengthy debate. Senator Ezzell calls 
the previous question, duly seconded. The call is sustained. Amendment No. 1 fails 
of adoption (electronically recorded). 

Senator Ezzell, offers a motion to the end that the Senate Committee Substitute bill 
be removed from today's Calendar and placed on the Calendar for Tuesday, June 21, 
for further consideration, which motion fails to prevail. 

Senator Ezzell offers Amendment No. 2. Senator Warren offers a motion that 
Amendment No. 2 do lie upon the table, duly seconded, which motion prevails (elec- 
tronically recorded). Amendment No. 2 lies upon the table. 

Senator Warren calls the previous question, seconded by Senator Harris. The call is 
sustained. 

The Senate Committee Substitute bill passes its third reading by roll-call vote, ayes 
36, noes 8, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, Con- 
der, Daniel, Ezzell, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, 
Parnell, Plyler, Rand, Rauch, Richardson, Royall, Seymour, Sherron, Simpson, 
Soles, Staton, Swain, Taft, Tally, Walker, Ward, and Warren— 36. 

Voting in the negative: Senators Bryan, Guy, Kincaid, McDuffie, Shaw, Speed, 
Thomas, and Winner — 8. 

The Senate Committee Substitute bill is ordered sent to the House of Representatives 
for concurrence in the Senate Committee Substitute bill. 

H.B. 1204 (Senate Committee Substitute No. 3), a bill to give water and sewer 
authorities the same power as cities and counties to purchase property subject to a 
purchase money security interest, upon third reading. 

The Senate Committee Substitute bill No. 3 passes its third reading by roll-call 
vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Conder, Daniel, Ezzell, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Seymour, Shaw, Sherron, Simpson, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner — 43. 

Voting in the negative: None. 



June 20. 1988 



1988] SENATE JOURNAL 87 

The Senate Committee Substitute bill No. 3 is ordered sent to the House of Repre- 
sentatives for concurrence in Senate Committee Substitute bill No. 3. 

S.B. 1612, a bill to update the reference to the Internal Revenue Code used to 
determine certain taxable income and tax exemptions, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Con- 
der, Daniel, Ezzell, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Seymour, Shaw, Sherron, Simpson, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, for further consideration, 
upon third reading. 

H.B. 1111 (Senate Committee Substitute), a bill to require the registration of cer- 
tain makers of mortgage loans on residential real property, upon second reading. 

On motion of Senator Rauch, the Senate Committee Substitute bill is removed from 
the Calendar for today and re-referred to the Finance Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
June 20, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House of Representatives has confirmed Mr. Fred W. Talton of Wake County as 
the State Controller. 

Respectfully, 
S/Grace a. Collins 
Principal Clerk 



RE-REFERRAL 

S.B. 1720, a bill to establish 16 pilot centers for prekindergarten children to be 
administered by the State Board of Education. 

On motion of Senator Conder, the rules are suspended, and the bill is taken from 
the Children and Youth Committee and re-referred to the Appropriations 
Committee. 

The President recognizes the following pages serving in the Senate this week: 
Walker Armfield, Greensboro; Elizabeth Ashburn, Asheboro; -Rolf Blizzard III, 
Kenansville; William Henry Breeden, Fayetteville; Jennifer Marsh Brooks, Monroe; 
Pam Carter, Elizabeth City; Amy Curlee, Albemarle; Molly McKay Dickinson, High 
Point; Michael Eckard, Greensboro; Barbara Jeanette Faulk, Monroe; April 
Jacumin, Hildebran; Rachel Ann Juren, Mount Gilead; Hilary Leathers, Rockin- 
gham; Krista Anne Little, Kannapolis; Deebai Marriott Longtemps, Wilson; Matthew 
Charles Martin, Raleigh; Angela Aveda McLean, Hickory; Brad Myers, Greenville; 
Jeff Palmer, Fayetteville; Allison Roberts, Gastonia; Damon Rogers, Waxhaw; 



June 20, 1988 



88 SENATE JOURNAL [Second Session 

Kendrick Lament Rogers, Jacksonville; Jennifer Lynn Smith, Asheboro; Robert L. 
Stallings IV, New Bern; Tommy Starling, Fayetteville; Joel Brynn Thomas, Van- 
ceboro; Brad Wilkinson, Asheboro; and Patrick Sloan Wooten, Maple Hill. 

On motion of Senator Harrington, seconded by Senator Barker, the Senate adjourns 
at 7:40 P.M. in memory of Dennis Watson Bryan, former member of the General 
Research Division of the North Carolina General Assembly, to meet tomorrow at 1:30 
P.M. 



ONE HUNDRED FORTY-NINTH DAY 

Senate Chamber, 
• ' Tuesday, June 21, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O wise and gracious God, you have honored us by making us in Your image, after 
Your likeness, and by breathing into our nostrils Your very breath. 

"And yet, O Sovereign Lord, You have humbled us by making us out of clay — com- 
mon, ordinary, clay. 

"Our minds may shine, for a moment, with the brilliance of sun on silver; and our 
hearts may beat, for a while, with the purity of purest gold; still, each of us has feet of 
clay. At best, we are modest, with much to be modest about. 

"So we, your daughters and sons, look to You Kind Father, grateful for the honors 
which flow to us from heaven and earth; mindful of our shortcomings which need 
forgiveness, and of our weaknesses which need Your strength. 

"Thus, in setting ourselves to the task of another legislative day, we stand in honor, 
but we bow in humility, as we offer to You, our thanks, and as we ask of You, Your 
help. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, June 20, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President grants leaves of absence to Senators Smith, Goldston, and Cobb for 
today. 

Upon motion of Senator Tally, the Chair extends courtesies of the gallery to Vice- 
Chancellor Nash Winstead of North Carolina State University and the North Carolina 
State Fact Pack, 1988 College Bowl National Champions, Charles Wessell, (Captain) 
Dan Petrus, Larry Sorrels, Jay Edwards, Ben Lea, and (Coach) Mike Kazmiesczak. 



ENROLLED BILLS ,, 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 826 (Senate Committee Substitute), an act to amend Chapter SOB by clarify- 
ing the definition of bodily injury for children in domestic violence cases, by allowing 



June 21, 1988 



1988] SENATE JOURNAL 89 

the filing of a motion in certain existing actions for domestic violence relief, and by 
requiring notice of hearings for emergency relief. (Ch. 893) 

H. B. 2213, an act to provide for the distribution of the proceeds of the surcharge on 
liquor sold to liquor by the drink permittees in Alamance County to the Cities of Bur- 
lington and Graham. (Ch. 894) 

S.J.R. 1699, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider "a bill to be entitled an act to amend the definition of rural area 
contained in an act to authorize the creation of North Carolina Enterprise Corpora- 
tions." (Res. 42) 



SPECIAL MESSAGE TO THE HOUSE OF REPRESENTATIVES 

H.B. 288 (Senate Committee Substitute), a bill regarding modifying the penalty for 
failure to list a motor vehicle for property taxes and amending the North Carolina 
Motor Vehicle Salvage Title Law. 

On motion of Senator Warren, the Senate Committee Substitute bill which passed 
its third reading on June 20, is ordered, without objection, sent to the House of Repre- 
sentatives by special messenger. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Rauch for the Finance Committee: 

H.B. 1111 (Senate Committee Substitute), a bill to require the registration of cer- 
tain makers of mortgage loans on residential real property, with a favorable report. 

Without objection, on motion of Senator Rauch, the rules are suspended and the 
Senate Committee Substitute bill is placed on today's Calendar for consideration in its 
regular order of business. 

H.B. 2170, a bill to expand the income tax exemption for double leg amputees to 
include below-the-knee amputation, with a favorable report. 

H.B. 2186, a bill to exempt insulin from sales and use taxes, with a favorable 
report. 

H.B. 22^1, a bill to grant the Town of Rutherfordton authority to hold a referen- 
dum on adding a property tax levy for a recreational capital building fund, with a 
favorable report. 

H.B. 2203, a bill relating to performance and payment bonds to the City of 
Winston-Salem, with a favorable report. 

H.B. 2207, a bill to authorize Alamance County to levy a room occupancy and 
tourism development tax, with a favorable report. 

H.B. 2210, a bill to allow the Town of Holden Beach to hold additional street 
assessments in abeyance, with a favorable report. 

H.B. 2214, a bill to increase the maximum vehicle tax that can be levied in the 
Town of Murfreesboro from five dollars to twenty dollars, with a favorable report. 



June 21, 1988 



90 SENATE JOURNAL [Second Session 

H.B. 2220, a bill to revise and consolidate the Charter of the Town of Castalia, 
North Carolina, with a favorable report. 

H.B. 2228, a bill to allow the Towns of Holden Beach and Sunset Beach to make 
special assessments for undergrounding of utilities, with a favorable report. 

H.B. 2229, a bill to authorize the Town of Sunset Beach to levy a room occupancy 
and tourism development tax, with a favorable report. 

H.B. 2235, a bill to allow Rutherford County to levy an ad valorem tax for a rec- 
reational lake, with a favorable report. 

H.B. 2251, a bill to allow the Cleveland County Board of Commissioners, after 
public hearing, to extend the boundaries of any voted fire protection district out to five 
road miles, with a favorable report. 

H.B. 2279, a bill to authorize the Town of Ahoskie to levy special assessments for 
street or sidewalk improvements, with a favorable report. 

H.B. 2295, a bill to authorize the Town of Holden Beach to levy a room occupancy 
and tourism development tax, with a favorable report. 

H.B. 2296, a bill to amend the Charter of the City of High Point relating to assess- 
ments for water mains and sewers, with a favorable report. 

H.B. 2326, a bill to authorize Richmond County to levy a room occupancy tax, 
with a favorable report. 

H.B. 2328, a bill to amend the Charter of the Mooresville Graded School District 
to provide for the extension of the boundaries of the district, with a favorable report. 

H.B. 2332, a bill to authorize Pender County to levy a room occupancy and tourism 
development tax, with a favorable report. 

H.B. 2290, a bill to extend the time during which the Cherokee Board of Equaliza- 
tion and Review may sit, with a favorable report, as amended. 



RE-REFERRAL 

H.B. 2360 (Committee Substitute), a bill to allow "severely distressed counties" 
and cities in those counties to retain small cities Community Development Block Grant 
Program income. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute 
bill is taken from the Finance Committee and re-referred to the Economic 
Growth Committee. 



REPORTS OF COMMITTEES (Continued) 

By Senator Ezzell for the Local Government and Regional Affairs I Com- 
mittee: 

H.B. 2187, a bill to revise and consolidate the Charter of the Town of Clayton, 
with a favorable report. 

On motion of Senator Ezzell, the bill is re-referred to the Finance Committee. 

H.B. 2208, a bill to allow Alamance County to name and assign street numbers to 
private roads in unincorporated areas, with a favorable report. 



June 21, 1988 



1988] SENATE JOURNAL 91 

H.B. 2240, a bill to allow Wake County to create rural fire protection districts 
contiguous with the boundaries of existing county fire service districts and to annex 
territory to rural fire protection districts, with a favorable report. 

H.B. 2241, a bill to permit certain community colleges to grant security interests to 
federal agencies, with a favorable report. 

H.B. 2245, a bill to allow the governing body of Wake County or its incorporated 
municipalities to contract with banks and other financial institutions for receipt of pay- 
ment of property taxes, with a favorable report. 

H.B. 2273, a bill to make technical changes to the legislation authorizing creation 
of the Wilson Tourism Development Authority, with a favorable report. 

H.B. 2282, a bill to expand the Elizabethtown Airport and Economic Development 
Commission, with a favorable report. 

H.B. 2283, a bill to amend the local laws relating to the Bureau of Identification 
for Wake County, with a favorable report. 

H.B. 2288, a bill to make permanent a temporary act providing that the City of 
Clinton need not mail zoning notices to areas newly annexed or newly added to its 
extraterritorial jurisdiction, with a favorable report. 

H.B. 2298, a bill to authorize the County of Jones to adopt an official flag, with a 
favorable report. 

H.B. 2299, a bill to allow shampooing by unlicensed shampooers in Duplin 
mnty, with a favorable report. 



County, with a favorable report. 



H.B. 2303, a bill to exempt the City of Kinston from Article 12, Chapter 160 A of 
the general statutes in the sale or lease of certain real property to the American Legion 
Post, Kinston, North Carolina, with a favorable report. 

H.B. 2304, a bill to allow the Town of Tabor City to convey certain property at 
private sale, with a favorable report. 

H.B. 2305, a bill to allow the Town of Kernersville to dispose of certain real prop- 
erty by private negotiation and sale, with a favorable report. 

H.B. 2321, a bill to allow Rutherford County and municipalities within that county 
to enter into long-term contracts for the disposal of solid waste, with a favorable re- 
port. 

H.B. 2331 (Committee Substitute), a bill to validate certain registration certifica- 
tions in Martin County, with a favorable report. 

H.B. 2333, a bill to expand the Bladen County Board of County Commissioners 
from five to nine members, and to provide for their nomination and election under a 
mixed electoral system, with a favorable report. 

H.B. 2348, a bill to amend the Gastonia Fair Housing Act, with a favorable report. 

H.B. 2350, a bill to define "subdivision" for purposes of subdivision regulations in 
Person County, with a favorable report. 

H.B. 2358, a bill to allow Lee County to dispose of certain property to a developer 
for a Resource Center by either an installment purchase agreement or a lease purchase 
agreement, with a favorable report. 



June 21, 1988 



92 . SENATE JOURNAL [Second Session 

H.B. 2361, a bill to modify legal restrictions on the City of Lumberton's use of its 
occupancy tax proceeds, with a favorable report, 

H.B. 2347, a bill to amend the act establishing the Lake Wylie Marine Commis- 
sion, so as to conform to a similar South Carolina law so that the acts may by submit- 
ted to the Congress of the United States for approval, with a favorable report, as 
amended. 

H.B. 2172, a bill to allow the City of Kinston and Lenoir County to acquire land for 
industrial development and dispose of same without public sale, with an unfavorable 
report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Ezzell, the rules are suspended and the Senate Committee 
Substitute bill which changes the title to read H.B. 2172, a bill to be entitled an act to 
allow the Cities of Kinston and Morganton, and the Counties of Burke and Lenoir to 
acquire land for industrial development and dispose of same without public sale, is 
placed before the Senate for immediate consideration. 

On motion of Senator Ezzell, the Senate Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for tomorrow for further consideration. 

By Senator Hunt of Moore for the Local Government and Regional Affairs 
II Committee: 

H.B. 2196, a bill to allow Cabarrus Memorial Hospital to award an associate de- 
gree to graduates of its nursing education program, with a favorable report. 

H.B. 2199, a bill to allow the City of Brevard to dispose of certain real property by 
private negotiation and sale, with a favorable report. 

H.B. 2249 (Committee Substitute), a bill to allow McDowell County to convey 
certain property at private sale, with a favorable report. 

H.B. 2253, a bill to make it a criminal offense in Washington County for a person 
to obtain ambulance services without intending to pay for those services although 
financially able to pay and to make it a criminal offense in Washington County for a 
person to make an unneeded ambulance request, with a favorable report. 

H.B. 2261 (Committee Substitute), a bill enabling the Towns of Nags Head and 
Kill Devil Hills to pass an ordinance to require that all rental residential dwelling units 
have automatic smoke detectors and to allow pawn shops to operate in the Colington 
Tax District, with a favorable report. 

H.B. 2297, a bill to amend the Charter of the City of High Point relating to pur- 
chasing, contracting and bidding, with a favorable report. 

H.B. 2317, a bill to allow the Town of Pine Knoll Shores to regulate trees, with a 
favorable report. 

H.B. 2319, a bill to amend the law regarding the Board of Commissioners of a 
hospital authority in Craven Hospital, with a favorable report. 

H.B. 2330, a bill allowing construction of the Bertie County Office Building using 
the design-build contract system, with a favorable report. 

H.B. 2342, a bill to raise the statutory threshold requiring formal bids for appara- 
tus, material, or equipment for Forsyth County, the City of Winston-Salem, and the 
Forsyth/Stokes Area Mental Health, Mental Retardation and Substance Abuse 
Authority, with a favorable report. 

H.B. 2344, a bill regarding the Stanly County Economic Development Commis- 
sion, with a favorable report. 



June 21, 1988 



1988] SENATE JOURNAL 93 

H.B. 2345, a bill to expand the Stanly County Airport Authority, with a favorable 
report. 

H.B. 2346, a bill to change the statutory definition of subdivision for Stanly 
County, with a favorable report. 

H.B. 2359, a bill to provide for enforcement of building and other codes by the 
County of Craven as to property owned or leased by the Craven Regional Medical 
Center rather than by cities in that county, with a favorable report. 

H.B. 2238, a bill to allow the Goldsboro-Wayne Airport Authority to enter into 
longer-term lease, with an unfavorable report as to bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Hunt of Moore, the rules are suspended and the Senate Com- 
mittee Substitute bill which changes the title to read H.B. 2238, a bill to allow the 
Goldsboro-Wayne Airport Authority and the County of Duplin as to airport property to 
enter into longer-term leases, and to allow Wayne County to dispose of certain prop- 
erty by private sale, is placed before the Senate for immediate consideration. 

On motion of Senator Hunt of Moore, the Senate Committee Substitute bill is 
adopted, and on her further motion is placed on the Calendar for tomorrow for further 
consideration. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Plyler and Conder: 

S.B. 1840, a bill to appropriate funds for Anson, Montgomery, Richmond, Scot- 
land, Stanly, and Union Counties — 2. 

Referred to Appropriations Committee. 

By Senators Marvin and Parnell: 

S.B. 1841, a bill to appropriate funds for the renovations of the highway patrol 
stations in Robeson County and Gaston County. 
Referred to Appropriations Committee. 

By Senator Rand: 

S.J.R. 1842, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to provide for the use of pen registers and 
trap and trace devices in conformity with federal law. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Block: 

S.B. 1843, a bill to appropriate funds for public safety needs and projects in New 
Hanover County. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 1844, a bill to appropriate funds for community service projects in New 
Hanover County. 

Referred to Appropriations Committee. 



June 21, 1988 



94 SENATE JOURNAL [Second Session 

By Senator Block: ' 

S.B. 1845, a bill to appropriate funds for local cultural resource projects in New 
Hanover County. 

Referred to Appropriations Committee. 

By Senator Thomas: 

S.B. 1846, a bill to appropriate funds to Graham County for the Santeetlah Com- 
munity Center and Santeetlah Volunteer Fire Department. 
Referred to Appropriations Committee. , 

By Senator Harrington: 

S.B. 1847, a bill to appoint persons to various public offices upon the recommenda- 
tion of the President Pro Tempore of the Senate. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Sherron: 

S.B. 1848, a bill to appropriate funds for Wake and Harnett County cultural re- 
sources projects. 

Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 1849, a bill to appropriate funds for Wake and Lee human services projects. 
Referred to Appropriations Committee. 

By Senator Basnight: 

S.B. 1850, a bill to appropriate funds for local governments for public service pro- 
jects in the First Senatorial District. 

Referred to Appropriations Committee. 

By Senator Basnight: 

S.B. 1851, a bill to authorize the Legislative Research Commission to study the 
issue of emergency evacuations forced by a hurricane and the ability of State and local 
governments to carry out an evacuation in the event of such an emergency. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Basnight: 

S.B. 1852, a bill to appropriate funds for various construction and public improve- 
ment projects in the First Senatorial District. 
Referred to Appropriations Committee. 

By Senator Ezzell: 

S.B. 1853, a bill to conform the General Statutes to an opinion of the United States 
Supreme Court by requiring notice to known creditors of the last date for presentation 
of claims against a decedent's estate. 

Referred to Judiciary I Committee. 

By Senator Taft: 

S.B. 1854, a bill to appropriate funds for various public safety projects in the 9th 
District of North Carolina. 

Referred to Appropriations Committee. 



June 21, 1988 



1988] SENATE JOURNAL 95 

By Senator Taft: 

S.B. 1855, a bill to appropriate funds for various community service projects in the 
9th District. 

Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 1856, a bill to appropriate funds for public schools in Alamance and Caswell 
Counties. 

Referred to Appropriations Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S.B. 758, a bill to authorize revenue bonds to be issued to finance facilities for 
agencies of the federal government, for concurrence in the House Committee Substi- 
tute bill, which changes the title upon concurrence to read S.B. 758 (House Commit- 
tee Substitute), a bill to authorize revenue bonds to be issued to finance facilities for 
agencies of the federal government. 

Referred to Finance Committee. 

H.B. 2169, a bill to change the effective date of the transfer of responsibility for 
issuing bingo licenses from the Department of Revenue to the Department of Human 
Resources. 

Referred to Judiciary I Committee. 

H.B. 2211, a bill to validate the actions of the Brunswick Utility Operations Board 
concerning certain assessments, and to allow continued delegation of certain assess- 
ment functions. 

Referred to Finance Committee. 

H.B. 2212, a bill to incorporate the Town of Varnamtown; subject to a referen- 
dum. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2222, a bill to modify the distribution of profits from the operation of alco- 
holic beverage control stores in Northampton County pertaining to financing of law 
enforcement. 

Referred to Alcoholic Beverage Control Committee. 

H.B. 2230, a bill to incorporate the Town of Cedar Point. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2258, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees. 
Referred to Finance Committee. 

H.B. 2259, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees. 
Referred to Finance Committee. 

H.B. 2260, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees. 
Referred to Finance Committee. 



June 21, 1988 



96 SENATE JOURNAL [Second Session 

H.B. 2274, a bill redefining the city limits of the City of Wilson. 
Referred to Finance Committee. 

H.B. 2278, a bill to authorize Craven County to appoint a special board of equali- 
zation and review. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 2337, a bill to authorize municipalities within Guilford County to enter into 
agreements concerning annexations. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2351, a bill to permit the Granville County Board of Education to choose the 
building contract system it uses for the construction of a new middle school. 
Referred to Education Committee. 

H.B. 2355, a bill to incorporate the Town of Santeetlah. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 2357, a bill to amend the Charter of the Town of Knightdale relating to drive- 
ways, site plan and subdivision approval, road or drainage project fees, and open 
space project fees, recreational fees, public safety project fees. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2365 (Committee Substitute), a bill to provide fee setting authority and to 
impose taxes and fees applicable to Low-Level Radioactive Waste and Hazardous 
Waste, to implement the recommendations of the Joint Select Committee on Low- 
Level Radioactive Waste and the Inter-Agency Committee on Low-Level Radioactive 
Waste, to make related clarifying and technical amendments, to authorize certain 
agreements relating to hazardous waste, to restrict the activities of the Hazardous 
Waste Treatment Commission, to limit annexation of waste facilities, and to make 
conforming changes to other laws. 

Referred to Finance Committee. 

H.J.R. 2475, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider "a bill to be entitled an act to provide that an admission fee may be 
charged for the three North Carolina aquariums and that those fees shall be used by 
the North Carolina Aquarium Society to plan, construct, operate, and support live 
marine mammal pavilions and rehabilitation facihties at the North Carolina aquari- 
ums." 

Referred to Rules and Operation of the Senate Committee. 

H.B. 2369, a bill to correct Chapter 837 of the 1987 Session Laws, relating to 
limits on costs to be assessed for the support of the General Court of Justice in the 
administration of estates. 

Referred to Judiciary I Committee. 



CALENDAR 

Bills and resolutions on the Calendar, carried forward as unfinished business from 
June 20, are taken up and disposed of as follows: 

H.B. 546 (Senate Committee Substitute), a bill to provide for amendments to the 
Employment Security Law. 

Senator Rauch offers a motion that the Senate Committee Substitute bill be sent to 
the Finance Committee pursuant to Rule 42. 

Senator Thomas rises to a point of order as to the Senate Committee Substitute bill 
not falling under the provisions of Senate Rule 42 as a finance matter. 



June 21. 1988 



1988] SENATE JOURNAL 97 

The Chair sustains the point of order and rules that Rule 42 is not applicable to the 
Senate Committee Substitute bill but further rules that the motion to refer the Senate 
Committee Substitute bill to a committee is in order. 

After further debate and without objection, Senator Rauch withdraws his motion to 
refer the Senate Committee Substitute bill to the Finance Committee. 

The Senate Committee Substitute bill passes its second reading (electronically re- 
corded). 

Senator Harris objects to the third reading of the Senate Committee Substitute bill. 

The Senate Committee Substitute bill is ordered placed on the Calendar for tomor- 
row for further consideration upon third reading. 

H.B. 1171 (Senate Committee Substitute), a bill to improve administration of the 
Sedimentation Pollution Control Act of 1973. 

The Senate Committee Substitute bill passes its second reading (electronically re- 
corded). 

Senator Thomas objects to the third reading of the bill. 

The Senate Committee Substitute bill is ordered placed on the Calendar for tomor- 
row for further consideration upon third reading. 

H.B. 1264, a bill to increase the penalty for assaults upon governmental officers 
and employees. 

Senator Taft offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second reading (electronically recorded). 

Senator Taft objects to the third reading of the bill, as amended. 

The bill, as amended, is ordered placed on the Calendar for tomorrow for further 
consideration upon third reading. 

RE-REFERRALS 

H.B. 1215, a bill to extend the State Personnel Act exemption for employees of the 
Judicial Department and of the General Assembly to employees of the Office of Ad- 
ministrative Hearings and to establish the method of determining the compensation of 
employees of the Office of Administrative Hearings. 

On motion of Senator Guy the rules are suspended and the bill is taken from the 
State Government Committee and re-referred to the Judiciary I Committee. 

H.B. 2347, a bill to amend the act establishing the Lake Wylie Marine Commis- 
sion, so as to conform to a similar South Carolina law so that the acts may by submit- 
ted to the Congress of the United States for approval. 

Without objection, on motion of Senator Marvin, the rules are suspended and the 
bill is taken from the Calendar for, June 22, and is placed before the Senate, for 
immediate consideration. 

On motion of Senator Marvin, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives, by special messenger for concurrence 
in Senate Amendment No. 1. 

CALENDAR (Continued) 

H.B. 475 (Committee Substitute), a bill to require timely payments to subcontrac- 
tors and suppliers, and to provide for interest on late payments, as amended, upon 
third reading. 

The Committee Substitute bill, as amended, passes its third reading (electronically 
recorded). 

The Committee Substitute bill, as amended, is ordered, without objection, sent to 
the House of Representatives by special messenger for concurrence in Senate Amend- 
ments No. 1 and No. 2. 



June 21, 1988 



98 SENATE JOURNAL [Second Session 

REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of 
business, read by its title, together with the report accompanying it, and take its place 
on the Calendar, as follows: 

By Senator Johnson of Wake for the Judiciary II Committee: 

S.B. 564 (Committee Substitute), a bill to consolidate the regulation of migrant 
housing and to set forth the powers and duties of the Commissioner of Labor dealing 
with the regulation of migrant housing, with an unfavorable report as to Committee 
Substitute bill, but favorable as to Committee Substitute No. 2 bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Committee 
Substitute bill which changes the title to read S.B. 564 (Committee Substitute No. 2), 
a bill to set forth the powers and duties of the Commissioner of Labor dealing with the 
regulation of migrant housing, is placed before the Senate for immediate considera- 
tion. 

On motion of Senator Johnson of Wake, the Committee Substitute No. 2 bill is 
adopted, and on his further motion is placed on the Calendar for tomorrow for further 
consideration. 



CALENDAR (Continued) 

Bills and resolutions placed on the Calendar for today are taken up and disposed of 
as follows: 

S.B. 1615, a bill to authorize the City of Raleigh to levy a motor vehicle tax not to 
exceed ten dollars, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 37, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Daniel, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Moore, Kaplan, 
Kincaid, Martin of Guilford, Parnell, Plyler, Rand, Rauch, Richardson, Sands, 
Seymour, Shaw, Sherron, Simpson, Soles, Somers, Speed, Staton, Swain, Taft, 
Tally, Walker, Ward, Warren, and Winner — 37. 

Voting in the negative: Senator Royall— 1. 

The bill is ordered, without objection, sent to the House of Representatives by spe- 
cial messenger. 

H.B. 2174, a bill to allow the County of Catawba to impose facility fees, as 
amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 40, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Daniel, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Parnell, Plyler, 
Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, and Win- 
ner— 40. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives for concur- 
rence in Senate Amendments No. 1 and No. 2. 

S.B. 1612, a bill to update the reference to the Internal Revenue Code used to 
determine certain taxable income and tax exemptions, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Daniel, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 



June 21. 1988 



1988] SENATE JOURNAL 99 

Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Marvin, Parnell, 
Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, 
Simpson, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, 
and Winner — 41. 

Voting in the negative: None. 

The bill is ordered, without objection, sent to the House of Representatives by spe- 
cial messenger. 

H.B. 1111 (Senate Committee Substitute), a bill to require the registration of cer- 
tain makers of mortgage loans on residential real property, upon second reading. 

Senator Simpson offers Amendment No. 1 which is adopted (electronically re- 
corded). 

The Senate Committee Substitute bill, as amended, passes its second reading by 
roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Soles, Somers, Speed, Staton, 
Swain, Tally, Ward, Warren, and Winner— 41. 

Voting in the negative: None. 

The Senate Committee Substitute bill, as amended, is ordered placed on the Calen- 
dar for tomorrow for further consideration upon third reading. 

S.B. 1837, a bill to make permanent an act permitting grand juries to investigate 
drug trafficking, and concerning criminal contempt and immunity. 

Senator Rand offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

The Chair declares the Senate in recess for the purpose of committee meetings. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan III, Lieutenant Governor. 



CALENDAR (Continued) 

H.B. 858 (Senate Committee Substitute), a bill to prohibit withdrawal of candidacy 
after filing deadline and to address other campaign and election matters. 

Senator Barker offers Amendment No.l which is adopted (electronically recorded). 

The Senate Committee Substitute bill, as amended, passes its second reading (elec- 
tronically recorded) . 

Senator Rand objects to the third reading and the Senate Committee Substitute bill, 
as amended, is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted, read by their titles, to- 
gether with the reports accompanying them, and take their place on the Calendar, as 
follows: 



June 21, 1988 



100 SENATE JOURNAL [Second Session 

By Senator Plyler for the Appropriations Committee: 

S.B. 1645 (Committee Substitute), a bill to modify the formula for reimbursing 
local governments for revenue lost due to the repeal of property taxes on inventories 
and to make technical changes, with a favorable report. 

Without objection, on motion of Senator Plyler, the rules are suspended and the 
Committee Substitute bill is placed on today's Calendar for consideration. 

H.B. 1304 (Senate Committee Substitute), a bill to provide for the cleanup of envi- 
ronmental damage caused by leaking petroleum underground storage tanks, with a 
favorable report, as amended. 

Without objection, on motion of Senator Plyler, the rules are suspended and the 
Senate Committee Substitute bill is placed on today's Calendar for consideration. 

Senator Winner rises to a point of order as to whether the Senate Committee Substi- 
tute bill is a roll-call measure and if it is proper to suspend the rules to allow consid- 
eration today. 

The Chair rules that the Senate Committee Substitute bill is not a roll-call measure 
and that the bill is properly before the Senate, but temporarily displaces it. 



WITHDRAWAL FROM COMMITTEE 

S.B. 758 (House Committee Substitute), a bill to authorize revenue bonds to be 
issued to finance facilities for agencies of the federal government. 

Without objection, on motion of Senator Winner, the rules are suspended and the 
House Committee Substitute bill is taken from the Finance Committee and is 
placed on the Calendar for tomorrow, June 22, upon second reading. 

CALENDAR (Continued) 

H.B. 1124 (Committee Substitute No. 2), a bill to limit campaign expenditures and 
to strengthen public financing of political campaigns. 

On motion of Senator Kaplan, Committee Amendments No. 1, No. 2 and No. 3 
are adopted. 

Senator Shaw offers Amendment No. 4 which changes the title, upon concurrence, 
to read H.B. 1124, a bill to be entitled an act to limit campaign expenditures; to 
strengthen public financing of political campaigns and to permit the allocation of indi- 
vidual income tax refunds to the North Carolina Fund for Children and Families. 

The Chair orders the Committee Substitute bill, as amended, with Amendment No. 
4 pending, temporarily displaced. 

H.B. 1240 (Senate Committee Substitute), a bill to make certain changes in the 
law regarding fraudulent disposal of property. 

On motion of Senator Hipps, consideration of the Senate Committee Substitute bill 
is postponed until Thursday, June 23. 

S.B. 1645 (Committee Substitute), a bill to modify the formula for reimbursing 
local governments for revenue lost due to the repeal of property taxes on inventories 
and to make technical changes. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered, without objection, sent to the House of Representatives by 
special messenger. 

H.B. 1304 (Senate Committee Substitute), a bill to provide for the cleanup of envi- 
ronmental damage caused by leaking petroleum underground storage tanks, upon sec- 
ond reading, temporarily displaced earlier. 

On motion of Senator Plyler, Committee Amendment No. 1 is adopted. 



June 21, 1988 



1988] SENATE JOURNAL 101 

The Senate Committee Substitute bill, as amended, passes its second reading by 
roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Con- 
der, Daniel, Ezzell, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Guilford, Marvin, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Soles, Speed, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner— 43. 

Voting in the negative: None. 

The Senate Committee Substitute bill, as amended, is ordered placed on the Calen- 
dar for tomorrow for further consideration upon third reading. 

H.B. 1124 (Committee Substitute No. 2), a bill to limit campaign expenditures and 
to strengthen public financing of political campaigns, as amended, upon third reading, 
with Amendment No. 4 pending. 

The Chair rules that Amendment No. 4 offered by Senator Shaw is not germane. 
Amendment No. 4 is removed from consideration. 

On motion of Senator Rauch, further consideration of the Committee Substitute No. 
2 bill, as amended, is postponed until tomorrow, June 22. 

On motion of Senator Harrington, seconded by Senator Kincaid, the Senate ad- 
journs at 4:40 P.M. to meet tomorrow at 1:30 P.M. 



J ONE HUNDRED FIFTIETH DAY 

Senate Chamber, 
Wednesday, June 22, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, we bow the knee of our heart before Thee, as we begin another legis- 
lative day. 

"We are grateful for the privilege of representing the people of this State and are 
honored to be numbered with those here whose faces make our hearts glad. 

"Grant us Thy grace, O Lord, as we seek to respond effectively to the task set before 
us with the strength Thou doest supply. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, June 21, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The Chair extends courtesies of the floor to Franklin Williams, former Senator from 
New Hanover County. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



June 22, 1988 



102 SENATE JOURNAL [Second Session 

By Senators Shaw, Royall, Seymour, and Martin of Guilford: 

S.B. 1857, a bill to amend the definition of rural area contained in an act to 
authorize the creation of North Carolina Enterprise Corporations. 
Referred to Economic Growth Committee. 

By Senator Martin of Pitt: 

S.B. 1858, a bill to appropriate funds for 6th Senate District human services pro- 
jects. 

Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 1859, a bill to appropriate funds for 6th Senate District community services 
projects. 

Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 1860, a bill to appropriate funds for 6th Senate District Fire and Rescue Squad 
public safety projects. 

Referred to Appropriations Committee. 

By Senators Walker and Hunt of Moore: 

S.B. 1861, a bill to appropriate funds for various cultural resource projects in the 
Sixteenth District. 

Referred to Appropriations Committee. 

By Senator Johnson of Cabarrus: 

S.B. 1862, a bill to appropriate funds to the Board of Governors of the University of 
North Carolina for the purchase of legal publications for the D. H. Hill Library at 
North Carolina State University. 

Referred to Appropriations Committee. , 

By Senators Smith and Somers: 

S.B. 1863, a bill to appropriate funds to the Department of Human Resources for 
the "Kelly Street, U.S.A." and "Crossroads" projects. 
Referred to Appropriations Committee. 

By Senator Soles: 

S.B. 1864, a bill to appropriate funds for various public safety purposes in the 
Eighteenth Senatorial District. 

Referred to Appropriations Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 2171 (Committee Substitute), a bill to make technical amendments to the 
revenue laws. 

Referred to Finance Committee. 

H.B. 2188, a bill to revise and consolidate the Charter of the City of Whiteville. 
Referred to Pensions and Retirement Committee. 



June 22, 1988 



1988] SENATE JOURNAL 103 

H.B. 2243, a bill making sundry amendments concerning local governments in Or- 
ange and Chatham Counties— 2. 

Referred to Local Government and Regional Affairs II Committee. 

H.B. 2269, a bill to establish a no-wake speed zone in Brunswick County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H.B. 2270, a bill to incorporate the Town of Sandy Creek; subject to a referen- 
dum. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2308, a bill to allow Nash and Edgecombe Counties to acquire land for indus- 
trial development and dispose of same without public sale. 
Referred to Finance Committee. 

H.B. 2430, a bill to provide that sales and use taxes shall be imposed on certain 
mail order sales. 

Referred to Finance Committee. 

H.B. 2462, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the Uni- 
versity of North Carolina. 

Referred to Appropriations Committee. 

H.B. 2463, a bill to amend Chapter 806 of the 1987 Session Laws to provide 
changes only with respect to projects wholly self-liquidating. 
Referred to Appropriations Committee. 

J CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 2201, a bill to grant the Town of Rutherfordton authority to hold a referen- 
dum on adding a property tax levy for a recreational capital building fund, upon sec- 
ond reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner — 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2203, a bill relating to performance and payment bonds to the City of 
Winston-Salem, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner — 47, 



June 22, 1988 



104 SENATE JOURNAL [Second Session 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2207, a bill to authorize Alamance County to levy a room occupancy and 
tourism development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner— 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2210, a bill to allow the Town of Holden Beach to hold additional street 
assessments in abeyance, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner— 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2214, a bill to increase the maximum vehicle tax that can be levied in the 
Town of Murfreesboro from five dollars to twenty dollars, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner— 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2220, a bill to revise and consolidate the Charter of the Town of Castalia, 
North Carolina, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner— 47. 

Voting in the negative: None. 



June 22, 1988 



1988] SENATE JOURNAL 105 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2228, a bill to allow the Towns of Holden Beach and Sunset Beach to make 
special assessments for undergrounding of utilities, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner— 47. 

Voting in the negative: None. 

The bill is ordered places on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2229, a bill to authorize the Town of Sunset Beach to levy a room occupancy 
and tourism development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner— 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2235, a bill to allow Rutherford County to levy an ad valorem tax for a rec- 
reational lake, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0. as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner — 47. 

Voting in the negative: None. 

The bill is placed on the Calendar for tomorrow for further consideration, upon third 
reading. 

H.B. 2240, a bill to allow Wake County to create rural fire protection districts 
contiguous with the boundaries of existing county fire service districts and to annex 
territory to rural fire protection districts, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner— 47. 

Voting in the negative: None. 



June 22, 1988 



106 : SENATE JOURNAL [Second Session 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2251, a bill to allow the Cleveland County Board of Commissioners, after 
public hearing, to extend the boundaries of any voted fire protection district out to five 
road miles, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, -Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner — 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2279, a bill to authorize the Town of Ahoskie to levy special assessments for 
street or sidewalk improvements, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner — 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2290, a bill to extend the time during which the Cherokee Board of Equaliza- 
tion and Review may sit, upon second reading. 

On motion of Senator Rauch, the Committee Amendment No. 1 is adopted chang- 
ing the title to read, H.B. 2290, a bill to extend the time during which the Cherokee 
and Haywood Boards of Equalization and Review may sit. 

The bill, as amended, passes its second reading by roll-call vote, ayes 47, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner — 47. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow for further 
consideration, upon third reading. 

H.B. 2295, a bill to authorize the Town of Holden Beach to levy a room occupancy 
and tourism development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 

der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 

Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 

Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 



June 22, 1988 



1988] SENATE JOURNAL 107 

Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner — 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2296, a bill to amend the Charter of the City of High Point relating to assess- 
ments for water mains and sewers, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 
% Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner— 47. 

Voting in the negative: None. 
^ The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2299, a bill to allow shampooing by unlicensed shampooers in Duplin 
County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner— 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2326, a bill to authorize Richmond County to levy a room occupancy tax, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner — 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2328, a bill to amend the Charter of the Mooresville Graded School District 
to provide for the extension of the boundaries of the district, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 



June 22. 1988 



108 SENATE JOURNAL [Second Session 

Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner — 47. 

Voting in the negative: None. 

On motion of Senator Bryan, the bill is ordered re-referred to Local Govern- 
ment and Regional Affairs I Committee. 

H.B. 2332, a bill to authorize Pender County to levy a room occupancy and tourism 
development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and 
Winner— 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2172 (Senate Committee Substitute), a bill to allow the Cities of Kinston and 
Morganton, and the Counties of Burke and Lenoir to acquire land for industrial devel- 
opment and dispose of same without public sale. 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives for concurrence in the Senate Committee 
Substitute bill. 

H.B. 2196, a bill to allow Cabarrus Memorial Hospital to award an associate de- 
gree to graduates of its nursing education program. 

Senator Hunt of Moore, offers a motion to postpone consideration of the bill until 
tomorrow, June 23. 

The Chair orders the bill temporarily displaced with the motion of Senator Hunt of 
Moore pending. . 

H.B. 2199, a bill to allow the City of Brevard to dispose of certain real property by 
private negotiation and sale. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2208, a bill to allow Alamance County to name and assign street numbers to 
private roads in unincorporated areas. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2238 (Senate Committee Substitute), a bill to allow the Goldsboro- Wayne 
Airport Authority and the County of Duplin as to airport property to enter into longer- 
term leases, and to allow Wayne County to dispose of certain property by private sale. 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives for concurrence in the Senate Committee 
Substitute bill. 

H.B. 2241, a bill to permit certain community colleges to grant security interests to 
federal agencies. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2245, a bill to allow the governing body of Wake County or its incorporated 
municipalities to contract with banks and other financial institutions for receipt of pay- 
ment of property taxes. 

The bill passes its second and third readings and is ordered enrolled. 



June 22, 1988 



1988] SENATE JOURNAL 109 

H.B. 2249 (Committee Substitute), a bill to allow McDowell County to convey 
certain property at private sale. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 2253, a bill to make it a criminal offense in Washington County for a person 
to obtain ambulance services without intending to pay for those services although fi- 
nancially able to pay and to make it a criminal offense in Washington County for a 
person to make an unneeded ambulance request. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2261 (Committee Substitute), a bill enabling the Towns of Nags Head and 
Kill Devil Hills to pass an ordinance to require that all rental residential dwelling units 
have automatic smoke detectors and to allow pawn shops to operate in the Colington 
Tax District. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 2273, a bill to make technical changes to the legislation authorizing creation 
of the Wilson Tourism Development Authority. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2282, a bill to expand the Elizabethtown Airport and Economic Development 
Commission. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2283, a bill to amend the local laws relating to the Bureau of Identification 
for Wake County. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2288, a bill to make permanent a temporary act providing that the City of 
Clinton need not mail zoning notices to areas newly annexed or newly added to its 
extraterritorial jurisdiction. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2297, a bill to amend the Charter of the City of High Point relating to pur- 
chasing, contracting and bidding. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2298, a bill to authorize the County of Jones to adopt an official flag. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 2303, a bill to exempt the City of Kinston from Article 12, Chapter 160A of 
the general statutes in the sale or lease of certain real property to the American Legion 
Post, Kinston, North Carolina. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2304, a bill to allow the Town of Tabor City to convey certain property at 
private sale. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2305, a bill to allow the Town of Kernersville to dispose of certain real prop- 
erty by private negotiation and sale. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2317, a bill to allow the Town of Pine Knoll Shores to regulate trees. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 2319, a bill to amend the law regarding the Board of Commissioners of a 
hospital authority in Craven Hospital. 

The bill passes its second and third readings and is ordered enrolled. 



June 22, 1988 



no SENATE JOURNAL [Second Session 

H.B. 2321, a bill to allow Rutherford County and municipalities within that county 
to enter into long-term contracts for the disposal of solid waste. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2330, a bill allowing construction of the Bertie County Office Building using 
the design-build contract system. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2331 (Committee Substitute), a bill to validate certain registration certifica- 
tions in Martin County. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 2333, a bill to expand the Bladen County Board of County Commissioners 
from five to nine members, and to provide for their nomination and election under a 
mixed electoral system. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2342, a bill to raise the statutory threshold requiring formal bids for appara- 
tus, material, or equipment for Forsyth County, the City of Winston-Salem, and the 
Forsyth/Stokes Area Mental Health, Mental Retardation and Substance Abuse 
Authority. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2344, a bill regarding the Stanly County Economic Development Commis- 
sion. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2345, a bill to expand the Stanly County Airport Authority. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 2346, a bill to change the statutory definition of subdivision for Stanly 
County. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2348, a bill to amend the Gastonia Fair Housing Act. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2350, a bill to define "subdivision" for purposes of subdivision regulations in 
Person County. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2358, a bill to allow Lee County to dispose of certain property to a developer 
for a Resource Center by either an installment purchase agreement or a lease purchase 
agreement. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2359, a bill to provide for enforcement of building and other codes by the 
County of Craven as to property owned or leased by the Craven Regional Medical 
Center rather than by cities in that county. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2361, a bill to modify legal restrictions on the City of Lumberton's use of its 
occupancy tax proceeds. 

The bill passes its second and third readings and is ordered enrolled. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: , 



June 22, 1988 



1988] SENATE JOURNAL 111 

By Senator Parnell for the Insurance Committee: 

H.B. 657, a bill to provide for standards for financial guaranty insurance, with an 
unfavorable report as to bill, but favorable as to Senate Committee Substitute bill. 

Senator Parnell offers a motion that the rules be suspended and the Senate Commit- 
tee Substitute bill which changes the title, upon concurrence, to read, H.B. 657 (Sen- 
ate Committee Substitute), a bill to modify the provisions of G.S. 159-64 as applied to 
bonds authorized during the calendar year 1981 extending the time within which such 
bonds may be issued, be placed before the Senate for immediate consideration. 

On motion of Senator Parnell the Senate Committee Substitute bill is adopted, con- 
stituting the first reading, and the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow upon second reading. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 1613, an act to clarify the procedure for the confiscation and disposition of 
deadly weapons in Rockingham County. (Ch. 895) 

H.B. 243 (Senate Committee Substitute), an act to ensure that day care home 
providers are represented on the Child Day-Care Commission. (Ch. 896) 

H.B. 2347, an act to amend the act establishing the Lake Wylie Marine Commis- 
sion, so as to conform to a similar South Carolina law so that the Acts may be submit- 
ted to the Congress of the United States for approval. (Ch. 897) 



^ REPORTS OF COMMITTEES (Continued) 

By Senator Tally for the Natural and Economic Resources and Wildlife 
Committee: 

H.B. 2239, a bill to amend the fox hunting law in Wayne County, with a favorable 
report. 

H.B. 2252, a bill to repeal the prohibition of running deer on part of Dare County, 
with a favorable report. 

H.B. 2254, a bill regarding the taking of black bears in certain counties, with a 
favorable report. 

H.B. 2315, a bill to amend Session Laws 1985 (Regular Session 1986), Chapter 
903, to require any person possessing a firearm or bow and arrow that is readily avail- 
able for use to secure an entry permit before entering or remaining on registered land 
or remaining on abutting portions of highway, with a favorable report. 

H.B. 2318, a bill to authorize the Town of Pine Knoll Shores to create a sea turtle 
sanctuary, with a favorable report. 

By Senator Seymour for the Alcoholic Beverage Control Committee: 

H.B. 2334, a bill to repeal the prohibition of the manufacture and sale of liquor in 
the Town of Wade, with a favorable report. 

H.B. 2354, a bill to repeal the prohibition of the manufacture and sale of liquor in 
the Town of Godwin, with a favorable report. 



June 22, 1988 



112 SENATE JOURNAL [Second Session 

CALENDAR (continued) 



H.B. 1111 (Senate Committee Substitute), a bill to require the registration of cer- 
tain makers of mortgage loans on residential real property, as amended, upon third 
reading. 

Senator Staton offers Amendment No. 2 which is adopted (electronically recorded). 

The Senate Committee Substitute bill, as amended, passes its third reading by roll- 
call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block," Bryan, Cobb, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Par- 
nell, Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas, 
Walker, Ward, Warren, and Winner — 44. 

Voting in the negative: None. 

The Senate Committee Substitute bill, as amended, is ordered engrossed and sent to 
the House of Representatives for concurrence in the Senate Committee Substitute bill. 



H.B. 1304 (Senate Committee Substitute), a bill to provide for the cleanup of envi- 
ronmental damage caused by leaking petroleum underground storage tanks, as 
amended, upon third reading. 

Senator Winner offers Amendment No. 2 which is adopted (electronically re- 
corded). 

The Senate Committee Substitute bill, as amended, passes its third reading by roll- 
call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Somers, 
Speed, Staton, Swain, Taft, Tally, Thomas, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The Senate Committee Substitute bill, as amended, is ordered engrossed and sent to 
the House of Representatives for concurrence in the Senate Committee Substitute bill. 



S.B. 564 (Committee Substitute No. 2), a bill to set forth the powers and duties of 
the Commissioner of Labor dealing with the regulation of migrant housing. 

Senator Barker offers Amendment No. 1 which is adopted (electronically recorded). 

Senator Hipps offers Amendment No. 2 which he subsequently withdraws. 

Senator Hipps offers Amendment No. 3. After lengthy debate Senator Barker calls 
the previous question, seconded by Senator Harrington. The call is sustained. 
Amendment No. 3 fails of adoption (electronically recorded). 

Senator Plyler offers Amendment No. 4 which is adopted (electronically recorded). 

Senator Plyler offers a motion that Committee Substitute bill No. 2, as amended, be 
withdrawn from the Calendar and recommitted to the Appropriations Committee. 

Senator Hunt of Moore offers a motion that Committee Substitute bill No. 2, as 
amended, be temporarily displaced. 

The Chair rules the motion of Senator Hunt of Moore out of order. The motion of 
Senator Plyler to recommit Committee Substitute bill No. 2, as amended, to the Ap- 
propriations Committee prevails (electronically recorded). The Chair orders the 
Committee Substitute bill No. 2, as amended, engrossed and recommitted to the Ap- 
propriations Committee. 



June 22. 1988 



1988] SENATE JOURNAL 113 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order .of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Rauch for the Finance Committee: 

H.B. 2187, a bill to revise and consolidate the Charter of the Town of Clayton, 
with a favorable report. 

H.B. 2211, a bill to validate the actions of the Brunswick Utility Operations Board 
concerning certain assessments, and to allow continued delegation of certain assess- 
ment functions, with a favorable report. 

H.B. 2244, a bill concerning voluntary satellite annexations by the Town of Gar- 
ner, with a favorable report. 

H.B. 2258, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees, with a favorable report. 

H.B. 2259, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees, with a favorable report. 

H.B. 2260, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees, with a favorable report. 

H.B. 2274, a bill redefining the city limits of the City of Wilson, with a favorable 
report. 

H.B. 2365 (Committee Substitute), a bill to provide fee setting authority and to 
impose taxes and fees applicable to Low-Level Radioactive Waste and Hazardous 
Waste, to implement the recommendations of the Joint Select Committee on Low- 
Level Radioactive Waste and the Inter-Agency Committee on Low-Level Radioactive 
Waste, to make related clarifying and technical amendments, to authorize certain 
agreements relating to hazardous waste, to restrict the activities of the Hazardous 
Waste Treatment Commission, to limit annexation of waste facilities, and to make 
conforming changes to other laws, with a favorable report. 

H.B. 2372, a bill to amend the formula used to apportion the income of multi-state 
corporations to this State for income taxation and to conform the formula for payment 
of estimated taxes to the federal formula, with a favorable report. 

H.B. 2389 (Committee Substitute), a bill to provide for special tax treatment of 
Subchapter S Corporations, with a favorable report, as amended. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 2341, a bill to amend the Charter of the City of Greensboro. 
Referred to Local Government and Regional Affairs I Committee. 

H.B. 2338, a bill to authorize acceptance of irrevocable letters of credit in lieu of 
performance bonds relating to the letting of performance bonds relating to the letting of 
public contracts by the City of Greensboro and Guilford County. 

Referred to Local Government and Regional Affairs I Committee. 



June 22, 1988 



114 . SENATE JOURNAL [Second Session 

H.B. 2467, a bill to cover county fire marshals and emergency service coordinators 
under the Law Enforcement Officers', Fireman's, Rescue Squad Workers', and Civil 
Air Patrol Members' Death Benefits Act. 

Referred to Pensions and Retirement Committee. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 2427, a bill to authorize the issuance of not in excess of twenty-five million 
dollars bonds of the State to provide funds, with other available funds, for the con- 
struction, in phases if desirable, of parking garages in downtown Raleigh, such 
authorized bonds to be issued without an election during the biennium ended June 30, 
1989, in an amount not in excess of such authorized amount and not in excess of 
two-thirds of the amount by which the State's outstanding indebtedness shall have 
been reduced during the 1985-87 Biennium. 

Referred to Finance Committee. 

H.J.R. 2646, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to establish the requirements of eligibility 
for interment in a State veterans cemetery. 

Without objection, on motion of Senator Rand, the rules are suspended, and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered enrolled. 

The Chair declares the Senate in recess until 3:30 P.M. for the purpose of commit- 
tee meetings. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan III, Lieutenant Governor. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

H.B. 2216, a bill to make conforming changes to laws relating to courts, so as to 
conform to Chapter 509 of the 1987 Session Laws, as recommended by the Legislative 
Research Commission, with a favorable report. 

By Senator Harrington for the Rules and Operation of the Senate Commit- 
tee: 

S.J.R. 1842, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to provide for the use of pen registers and 
trap and trace devices in conformity with federal law, with a favorable report. 

S.B. 1847, a bill to appoint persons to various public offices upon the recommenda- 
tion of the President Pro Tempore of the Senate, with a favorable report. 



June 22, 1988 



1988] SENATE JOURNAL 115 

S.B. 1851, a bill to authorize the Legislative Research Commission to study the 
issue of emergency evacuations forced by a hurricane and the ability of State and local 
governments to carry out an evacuation in the event of such an emergency, with a 
favorable report. 

On motion of Senator Harrington, the bill is re-referred to the Appropriations 
Committee. 

H.J.R. 2182, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to reenact Section 1 of Chapter 446, Ses- 
sion Laws of 1987, prohibiting certain investments in certain companies involved in 
South Africa which was inadvertently repealed by Section 5 of Chapter 751, Session 
Laws of 1987, a rewrite of the investment powers of the State Treasurer, with a favor- 
able report. 

H.J.R. 2475, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider "a bill to be entitled an act to provide that an admission fee may be 
charged for the three North Carolina aquariums and that those fees shall be used by 
the North Carolina Aquarium Society to plan, construct, operate, and support live 
marine mammal pavilions and rehabilitation facilities at the North Carolina aquari- 
ums", with a favorable report. 

CALENDAR (Continued) 

H.B. 1124 (Committee Substitute No. 2), a bill to limit campaign expenditures and 
to strengthen public financing of political campaigns, as amended. 

Senator Allran offers Amendment No. 5. 

Senator Winner offers a motion that the rules be suspended and the Committee Sub- 
stitute bill No. 2, with Amendment No. 5 pending, be re-referred to the Election 
Laws Committee, which motion prevails (electronically recorded). 

The Committee Substitute bill No. 2, with Amendment No. 5 pending, is ordered 
re-referred to the Election Laws Committee. 

H.B. 2170, a bill to expand the income tax exemption for double leg amputees to 
include below-the-knee amputation. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 2186, a bill to exempt insulin from sales and use taxes. 
The bill passes it second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 546 (Senate Committee Substitute), a bill to provide for amendments to the 
Employment Security Law, upon third reading. 

Senator Simpson offers Amendment No. 1 which fails of adoption (electronically 
recorded). 

The Senate Committee Substitute bill passes its third reading (electronically re- 
corded) and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill. 

H.B. 858 (Senate Committee Substitute), a bill to prohibit withdrawal of candidacy 
after filing deadline and to address other campaign and election matters, as amended, 
upon third reading. 

Senator Walker offers Amendment No. 2 which is adopted (electronically re- 
corded). 

Senator Block offers Amendment No. 3 which is adopted (electronically recorded). 

Senator Marvin offers Amendment No. 4 which is adopted (electronically re- 
corded). 



June 22, 1988 



116 - SENATE JOURNAL [Second Session 

The Senate Committee Substitute bill, as amended, passes its third reading (elec- 
tronically recorded) and is ordered engrossed and sent to the House of Representatives 
for concurrence in the Senate Committee Substitute bill. 

H.B. 1171 (Senate Committee Substitute), a bill to improve administration of the 
Sedimentation Pollution Control Act of 1973, upon third reading. 

Senator Winner offers Amendment No. 1 which is adopted (electronically re- 
corded). 

The Senate Committee Substitute bill, as amended, passes its third reading (elec- 
tronically recorded) and is ordered engrossed and sent to the House of Representatives 
for concurrence in the Senate Committee Substitute bill, without objection, by special 
messenger. 

H.B. 1264, a bill to increase the penalty for assaults upon governmental officers 
and employees, as amended, upon third reading. 

On motion of Senator Taft, consideration of the bill, as amended, is postponed until 
Thursday, June 23. 

S.B. 758 (House Committee Substitute), a bill to authorize revenue bonds to be 
issued to finance facilities for agencies of the federal government for concurrence, 
upon second reading. 

Senator Sherron is excused from voting for the stated reason: 

"I have a financial relationship in the bldg that would be the beneficiary of this 
legislation." 

The House Committee Substitute bill passes its second reading by roll-call vote, 
ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Martin of Guilford, Marvin, McDuffie, Parnell, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Simpson, Smith, Speed, Staton, Swain, Tally, Thomas, 
Walker, Ward, Warren, and Winner — 42. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered placed on the Calendar for tomor- 
row for further consideration, upon third reading. 

WITHDRAWAL FROM COMMITTEE 

H.B. 2463, a bill to amend Chapter 806 of the 1987 Session Laws to provide 
changes only with respect to projects wholly self-liquidating. 

Without objection, on motion of Senator Rand, the rules are suspended and the bill 
is taken from the Appropriations Committee and is placed on the Calendar for 
tomorrow, June 23. 

REMOVAL FROM THE TABLE 

S.B. 456, a bill to amend the Constitution to secure to the Governor the power of 
veto. 

Senator Cobb offers a motion that the bill be removed from the table as placed by an 
unfavorable report by the Constitution Committee on May 20, 1987 and placed on 
the Calendar for tomorrow, June 23. 

The Chair rules the bill is not eligible for consideration under Resolution 37 and 
therefore, the motion is out of order. The bill remains upon the table. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



June 22, 1988 



1988] SENATE JOURNAL 117 

H.B. 2324, a bill to limit height of structures in the Town of Holden Beach. 
Referred to Local Government and Regional Affairs I Committee. 

On motion of Senator Harrington, seconded by Senator Cobb, the Senate adjourns 
at 5:15 P.M. to meet tomorrow at 1:30 P.M. 



ONE HUNDRED FIFTY-FIRST DAY 

Senate Chamber, 

, ' Thursday, June 23, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
V Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O Father, following a fun evening of food and fellowship, and of good music per- 
formed superbly, we bow before Thee, humming a hymn of faith in our hearts: 'Blest 
be the tie that binds.' 

"Our thanksgiving today is that once again a baby sleeps snugly in his mother's 
arms. 

"Our petition today is for relief from drought and heat. Our pilgrim parents not only 
plowed the land, they caressed it, and in the dry time their voices were sometimes 
heard singing and praying for showers of blessings. 

"Grant, O gracious God, that refreshing rains may fall again upon the dry ground, 
so that seedtime and harvest may not fail, and when barns have been filled once more 
> against the winter, we will be careful to give Thee praise and to use Thy bounty for the 

, good of people everywhere. Amen." 



Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, Wednesday, June 22, has been examined and is found 
to be correct. On his motion, the Senate dispenses with the reading of the Journal and 
it stands approved as written. 

The President grants a leave of absence to Senator Daniel for today, attending the 
funeral of his grandfather, W. Claire Taylor. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 285, an act to clarify the North Carolina Regional Reciprocal Banking Act. 
(Ch. 898) 

S.B. 666, an act to include Texas in the North Carolina Interstate Banking Region. 
(Ch 899) 

H.B. 2208, an act to allow Alamance County to name and assign street numbers to 
private roads in unincorporated areas. (Ch. 900) 

S.B. 1589, an act to make technical changes to the legislation authorizing creation 
of the Wilson Tourism Development Authority. (Ch. 901) 



June 23, 1988 



118 SENATE JOURNAL [Second Session 

S.B. 1604, an act concerning the regulation, restraint, and prohibition of junked 
motor vehicles in Mecklenburg County. (Ch. 902) 

S.B. 1610, an act to exempt the Town of Bethel and the Town of Robersonville 
from certain zoning notice requirements. (Ch. 903) 

S.B. 1617, an act to amend Chapter 505 of the 1983 Session Laws, regarding the 
Wilmington Firemen's Benefit Fund. (Ch. 904) 

H.B. 2199, an act to allow the City of Brevard to dispose of certain real property by 
private negotiation and sale. (Ch. 905) 

S.B. 1565, an act to allow Cleveland County to name and assign street numbers to 
private roads in unincorporated areas. (Ch. 906) 

H.B. 2241, an act to permit certain community colleges to grant security interests 
to federal agencies. (Ch. 907) 

H.B. 2245, an act to allow the governing body of Wake County or its incorporated 
municipalities to contract with banks and other financial institutions for receipt of pay- 
ment of property taxes. (Ch. 908) 

H.B. 2249 (Committee Substitute), an act to allow McDowell County to convey 
certain property at private sale. (Ch. 909) 

H.B. 2253, an act to make it a criminal offense in Washington County for a person 
to obtain ambulance services without intending to pay for those services although fi- 
nancially able to pay and to make it a criminal offense in Washington County for a 
person to make an unneeded ambulance request. (Ch. 910) 

H.B. 2261 (Committee Substitute), an act enabling the Towns of Nags Head and 
Kill Devil Hills to pass an ordinance to require that all rental residential dwelling units 
have automatic smoke detectors and to allow pawn shops to operate in the Colington 
Tax District. (Ch. 911) 

H.B. 2273, an act to make technical changes to the legislation authorizing creation 
of the Wilson Tourism Development Authority. (Ch. 912) 

H.B. 2282, an act to expand the Elizabethtown Airport and Economic Develop- 
ment Commission. (Ch. 913) 

H.B. 2283, an act to amend the local laws relating to the Bureau of Identification 
for Wake County. (Ch. 914) 

H.B. 2288, an act to make permanent a temporary act providing that the City of 
Clinton need not mail zoning notices to areas newly annexed or newly added to its 
extraterritorial jurisdiction. (Ch. 915) 

H.B. 2297, an act to amend the Charter of the City of High Point relating to pur- 
chasing, contracting and bidding. (Ch. 916) 

H.B. 2298, an act to authorize the County of Jones to adopt an official flag. (Ch. 
917) 

H.B. 2303, an act to exempt the City of Kinston from Article 12, Chapter 160A of 
the General Statutes in the sale or lease of certain real properly to the American Le- 
gion Post, Kinston, North Carolina. (Ch. 918) 

H.B. 2304, an act to allow the Town of Tabor City to convey certain property at 
private sale. (Ch. 919) 



June 23, 1988 



1988] SENATE JOURNAL 119 

H.B. 2305, an act to allow the Town of Kernersville to dispose of certain real 
property by private negotiation and sale. (Ch. 920) 

H.B. 2317, an act to allow the Town of Pine Knoll Shores to regulate trees. (Ch. 
921) 

H.B. 2319, an act to amend the law regarding the Board of Commissioners of a 
hospital authority in Craven Hospital. (Ch. 922) 

H.B. 2321, an act to allow Rutherford County and municipalities within that 
County to enter into long-term contracts for the disposal of solid waste. (Ch. 923) 

H.B. 2330, an act allowing construction of the Bertie County Office Building using 
the design-build contract system. (Ch. 924) 

H.B. 2331 (Committee Substitute), an act to validate certain registration certifica- 
tions in Martin County. (Ch. 925) 

H.B. 2333, an act to expand the Bladen County Board of County Commissioners 
from five to nine members, and to provide for their nomination and election under a 
mixed electoral system. (Ch. 926) 

H.B. 2342, an act to raise the statutory threshold requiring formal bids for appara- 
tus, material, or equipment for Forsyth County, the City of Winston-Salem, and the 
Forsyth/Stokes Area Mental Health, Mental Retardation and Substance Abuse 
Authority. (Ch. 927) 

H.B. 2344, an act regarding the Stanly County Economic Development Commis- 
sion. (Ch. 928) 

H.B. 2345, an act to expand the Stanly County Airport Authority. (Ch. 929) 

H.B. 2346, an act to change the statutory definition of subdivision for Stanly 
County. (Ch. 930) 

H.B. 2348, an act to amend the Gastonia Fair Housing Act. (Ch. 931) 

H.B. 2350, an act to define "subdivision" for purposes of subdivision regulations in 
Person County. (Ch. 932) 

H.B. 2358, an act to allow Lee County to dispose of certain property to a developer 
for a Resource Center by either an installment purchase agreement or a lease purchase 
agreement. (Ch. 933) 

H.B. 2359, an act to provide for enforcement of building and other codes by the 
County of Craven as to property owned or leased by the Craven Regional Medical 
Center rather than by cities in that County. (Ch. 934) 

H.B. 2361, an act to modify legal restrictions on the City of Lumberton's use of its 
occupancy tax proceeds. (Ch. 935) 

H.B. 2170, an act to expand the income tax exemption for double leg amputees to 
include below-the-knee amputation. (Ch. 936) 

H.B. 2186, an act to exempt insulin from sales and use taxes. (Ch. 937) 

H.J.R. 2646, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to establish the requirements of eligibility 
for interment in a State Veterans Cemetery. (Res. 43) 



June 23, 1988 



120 SENATE JOURNAL [Second Session 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Kaplan for the Election Laws Committee: 

H.B. 2313, a bill setting forth the method of electing the Duplin County Board of 
Commissioners and Board of Education as ordered by the United States District Court 
in February 1988, with a favorable report. 

On motion of Senator Kaplan, the rules are suspended and the bill is placed on 
today's Calendar for consideration in its regular order of business. 

H.B. 2343, a bill providing for the election of the Craven County Board of Com- 
missioners, with a favorable report. 

On motion of Senator Kaplan, the rules are suspended and the bill is placed on 
today's Calendar for consideration in its regular order of business. 

H.B. 2356, a bill to provide for a special primary to fill a vacancy on the Vance 
County Board of Education, and to provide that in filling further vacancies, the Board 
of Education must choose the candidate recommended by the County Party Executive 
Committee of the vacating member, with a favorable report. 

On motion of Senator Kaplan, the rules are suspended and the bill is placed on 
today's Calendar for consideration in its regular order of business. 

By Senator Ezzell for the Local Government and Regional Affairs I Com- 
mittee: 

H.B. 579 (Committee Substitute), a bill to provide that counties may by resolution 
deem the creation of a self-funded risk program as the purchase of insurance for the 
purpose of waiving the defense of governmental immunity, with a favorable report. 

On motion of Senator Ezzell, the rules are suspended and the Committee Substitute 
bill is placed at the end of today's Calendar for consideration. 

H.B. 2212, a bill to incorporate the Town of Varnamtown; subject to a referen- 
dum, with a favorable report. 

On motion of Senator Ezzell, the rules are suspended and the bill is placed at the 
end of today's Calendar for consideration. 

H.B. 2230, a bill to incorporate the Town of Cedar Point, with a favorable report. 
On motion of Senator Ezzell, the rules are suspended and the bill is placed at the 
end of today's Calendar for consideration. 

H.B. 2270, a bill to incorporate the Town of Sandy Creek; subject to a referen- 
dum, with a favorable report. 

On motion of Senator Ezzell, the rules are suspended and the bill is placed at the 
end of today's Calendar for consideration. 

H.B. 2337, a bill to authorize municipalities within Guilford County to enter into 
agreements concerning annexations, with a favorable report. 

On motion of Senator Ezzell, the rules are suspended and the bill is placed at the 
end of today's Calendar for consideration. 

H.B. 2338, a bill to authorize acceptance of irrevocable letters of credit in lieu of 
performance bonds relating to the letting of performance bonds relating to the letting of 
public contracts by the City of Greensboro and Guilford County, with a favorable re- 
port. 

On motion of Senator Ezzell, the rules are suspended and the bill is placed at the 
end of today's Calendar for consideration. 



June 23, 1988 



1988] SENATE JOURNAL 121 

H.B. 2341, a bill to amend the Charter of the City of Greensboro, with a favorable 
report. 

On motion of Senator Ezzell, the rules are suspended and the bill is placed at the 
end of today's Calendar for consideration. 

H.B. 2352, a bill to change the manner of election of the Caswell County Board of 
Commissioners and the Caswell County Board of Education so as to implement a fed- 
eral court order, with a favorable report. 

On motion of Senator Ezzell, the rules are suspended and the bill is placed at the 
end of today's Calendar for consideration. 

H.B. 2324, a bill to limit height of structures in the Town of Holden Beach, with a 
favorable report, as amended. 

On motion of Senator Ezzell, the rules are suspended and the bill is placed at the 
end of today's Calendar for consideration. 

By Senator Hunt of Durham for the Pensions and Retirement Committee: 

H.B. 2188, a bill to revise and consolidate the Charter of the City of Whiteville, 
with a favorable report. 

On motion of Senator Hunt of Durham, the bill is re-referred to the Finance 
Committee. 

H.B. 2234, a bill to increase the supplemental retirement available under the 
Shelby Local Firemen's Relief Fund, with a favorable report. 

H.B. 2264, a bill to provide for the purchase of military service under the Legisla- 
tive Retirement System after the completion of five years of creditable service, with a 
favorable report. 

By Senator Parnell for the Insurance Committee: 

S.B. 511 (House Committee Substitute), a bill to make technical amendments to 
the insurance law, with a favorable report as to concurrence. 

By Senator Warren for the Education Committee: 

H.B. 2168, a bill to clarify that the Washington City Board of Education fills its 
own vacancies, with a favorable report. 

H.B. 2351, a bill to permit the Granville County Board of Education to choose the 
building contract system it uses for the construction of a new middle school, with a 
favorable report. 

By Senator Barnes for the Judiciary I Committee: 

H.B. 2169, a bill to change the effective date of the transfer of responsibility for 
issuing bingo licenses from the Department of Revenue to the Department of Human 
Resources, with a favorable report. 

H.B. 2369, a bill to correct Chapter 837 of the 1987 Session Laws, relating to 
limits on costs to be assessed for the support of the General Court of Justice in the 
administration of estates, with a favorable report. 

On motion of Senator Barnes, the bill is re-referred to the Finance Committee. 

S.B. 1853, a bill to conform the General Statutes to an opinion of the United States 
Supreme Court by requiring notice to known creditors of the last date for presentation 
of claims against a decedent's estate, with a favorable report, as amended. 

On motion of Senator Barnes, the rules are suspended and the bill is placed on 
today's Calendar for consideration in its regular order of business. 



June 23, 1988 



122 . SENATE JOURNAL [Second Session 

By Senator Staton for the Economic Growth Committee: 

H.B. 2360 (Committee Substitute), a bill to allow "severely distressed counties" 
and cities in those counties to retain small cities Community Development Block Grant 
Program income, with a favorable report. 

S.B. 1857, a bill to amend the definition of rural area contained in an act to 
authorize the creation of North Carolina Enterprise Corporations, with a favorable 
report, as amended. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bill filed for introduction is presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Harrington: 

S.B. 1865, a bill to appoint persons to various public offices upon the recommenda- 
tion of the President of the Senate. 

Referred to Rules and Operation of the Senate Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S.B. 849 (Committee Substitute), a bill to amend the law regarding Social Services 
subrogation and disbursement, for concurrence in House Amendments No. 1, No. 2, 
and No. 3. 

Referred to Human Resources Committee. 

H.B. 2376, a bill to provide an additional one thousand one hundred dollars 
($1,100) income tax exemption for taxpayers and their dependents who have muscu- 
lar dystrophy. 

Referred to Finance Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 2201, a bill to grant the Town of Rutherfordton authority to hold a referen- 
dum on adding a property tax levy for a recreational capital building fund, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren: — 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2203, a bill relating to performance and payment bonds to the City of 
Winston-Salem, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 



June 23, 1988 



1988] SENATE JOURNAL 123 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren:— 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2207, a bill to authorize Alamance County to levy a room occupancy and 
tourism development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren: — 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2210, a bill to allow the Town of Holden Beach to hold additional street 
assessments in abeyance, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren:— 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2214, a bill to increase the maximum vehicle tax that can be levied in the 
Town of Murfreesboro from five dollars to twenty dollars, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, 
Speed, Swain, Taft, Tally, Thomas, Walker, and Warren— 43. 

Voting in the negative: Senator Royall— 1. 

The bill is ordered enrolled. 

H.B. 2220, a bill to revise and consolidate the Charter of the Town of Castalia, 
North Carolina, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren:— 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 



June 23, 1988 



124 . SENATE JOURNAL [Second Session 

H.B. 2228, a bill to allow the Towns of Holden Beach and Sunset Beach to make 
special assessments for undergrounding of utilities, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren:— 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2229, a bill to authorize the Town of Sunset Beach to levy a room occupancy 
and tourism development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren:— 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2235, a bill to allow Rutherford County to levy an ad valorem tax for a rec- 
reational lake, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren:— 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2240, a bill to allow Wake County to create rural fire protection districts 
contiguous with the boundaries of existing county fire service districts and to annex 
territory to rural fire protection districts, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren:- 44. 

Voting in the negative: None. 

The bill is ordered enrolled. -** 

H.B. 2251, a bill to allow the Cleveland County Board of Commissioners, after 
public hearing, to extend the boundaries of any voted fire protection district out to five 
road miles, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 



June 23, 1988 



1988] SENATE JOURNAL 125 

Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren:— 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2279, a bill to authorize the Town of Ahoskie to levy special assessments for 
street or sidewalk improvements, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren:— 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2290, a bill to extend the time during which the Cherokee Board of Equaliza- 
tion and Review may sit, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 44, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren: — 44. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives for concur- 
rence in Senate Amendment No. 1. 

H.B. 2295, a bill to authorize the Town of Holden Beach to levy a room occupancy 
and tourism development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren:— 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2296, a bill to amend the Charter of the City of High Point relating to assess- 
ments for water mains and sewers, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren:— 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2299, a bill to allow shampooing by unlicensed shampooers in Duplin 
County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 



June 23, 1988 



126 SENATE JOURNAL [Second Session 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren:— 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2326, a bill to authorize Richmond County to levy a room occupancy tax, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren:— 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2332, a bill to authorize Pender County to levy a room occupancy and tourism 
development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Somers, Speed, Swain, Taft, Tally, Thomas, Walker, and Warren:— 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Hunt of Moore for the Local Government and Regional Affairs 
II Committee: 

H.B. 2243, a bill making sundry amendments concerning local governments in Or- 
ange and Chatham Counties — 2, with a favorable report. 

H.B. 2278, a bill to authorize Craven County to appoint a special board of equali- 
zation and review, with a favorable report. 

H.B. 2339, a bill to change the name of the Greensboro-High Point Regional Air- 
port Authority to the Piedmont Triad Airport Authority and to change the name of the 
Greensboro/High Point/ Winston-Salem Regional Airport to the Piedmont Triad Inter- 
national Airport, with a favorable report. 

H.B. 2355, a bill to incorporate the Town of Santeetlah, with a favorable report. 

S.B. 1619, a bill relating to New Hanover County, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 



June 23, 1988 



1988] SENATE JOURNAL 127 

On motion of Senator Hunt of Moore, the rules are suspended and the Committee 
Substitute bill which changes the title to read S.B. 1619 (Committee Substitute), a bill 
to be entitled an act to provide for the filing of housing code notices or orders in the 
notice of lis pendens by the City of Wilmington is placed before the Senate for immedi- 
ate consideration. 

On motion of Senator Hunt of Moore, the Committee Substitute bill is adopted, and 
on her further motion is placed on the Calendar for tomorrow for further considera- 
tion. 



CALENDAR (Continued) 

H.B. 2244, a bill concerning voluntary satellite annexations by the Town of Gar- 
ner, upon second reading. 

On motion of Senator Johnson of Wake, consideration of the bill is postponed until 
Monday, June 27. 

H.B. 2187, a bill to revise and consolidate the Charter of the Town of Clayton, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Ezzell, Goldston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 2211, a bill to validate the actions of the Brunswick Utility Operations Board 
concerning certain assessments, and to allow continued delegation of certain assess- 
ment functions, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Ezzell, Goldston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 2258, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Ezzell, Goldston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 



June 23, 1988 



128 SENATE JOURNAL [Second Session 

H.B. 2259, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Ezzell, Goldston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 2260, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Ezzell, Goldston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 2274, a bill redefining the city limits of the City of Wilson, upon second 
reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Ezzell, Goldston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 2196, a bill to allow Cabarrus Memorial Hospital to award an associate de- 
gree to graduates of its nursing education program. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2239, a bill to amend the fox hunting law in Wayne County. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 2252, a bill to repeal the prohibition of running deer on part of Dare County. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 2254, a bill regarding the taking of black bears in certain counties. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 2313, a bill setting forth the method of electing the Duplin County Board of 
Commissioners and Board of Education as ordered by the United States District Court 
in February 1988. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2315, a bill to amend Session Laws 1985 (Regular Session 1986), Chapter 
903, to require any person possessing a firearm or bow and arrow that is readily 



June 23, 1988 



1988] SENATE JOURNAL 129 

available for use to secure an entry permit before entering or remaining on registered 
land or remaining on abutting portions of highway. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2318, a bill to authorize the Town of Pine Knoll Shores to create a sea turtle 
sanctuary. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2334, a bill to repeal the prohibition of the manufacture and sale of liquor in 
the Town of Wade. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2343, a bill providing for the election of the Craven County Board of Com- 
missioners. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2354, a bill to repeal the prohibition of the manufacture and sale of liquor in 
the Town of Godwin. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2356, a bill to provide for a special primary to fill a vacancy on the Vance 
County Board of Education, and to provide that in filling further vacancies, the Board 
of Education must choose the candidate recommended by the County Party Executive 
Committee of the vacating member. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 657 (Senate Committee Substitute), a bill to modify the provisions of G.S. 
159-64 as applied to bonds authorized during the calendar year 1981 extending the 
time within which such bonds may be issued, upon second reading. 

Senator Johnson of Wake is excused from voting for the stated reason: "My law 
firm represents a town that will be directly effected by this bill." 

Without objection, on motion of Senator Rauch, the rules are suspended, to the end 
that the Senate Committee Substitute bill is not required to go to the Finance Com- 
mittee and remains before the Senate. 

The Senate Committee Substitute bill passes its second reading by roll-call vote, 
ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Block, Bryan, Cobb, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plyler, 
Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Soles, Somers, Speed, Staton, Taft, Tally, Thomas, Walker, Warren, and Win- 
ner— 40. 

Voting in the negative: None. 

The Senate Committee Substitute bill is ordered placed on the Calendar for tomor- 
row for further consideration upon third reading. 

H.B. 2365 (Committee Substitute), a bill to provide fee setting authority and to 
impose taxes and fees applicable to Low-Level Radioactive Waste and Hazardous 
Waste, to implement the recommendations of the Joint Select Committee on Low- 
Level Radioactive Waste and the Inter-Agency Committee on Low-Level Radioactive 
Waste, to make related clarifying and technical amendments, to authorize certain 
agreements relating to hazardous waste, to restrict the activities of the Hazardous 
Waste Treatment Commission, to limit annexation of waste facilities, and to make 
conforming changes to other laws, upon second reading. 

Without objection, on motion of Senator Johnson of Wake, George Givens, of the 
General Research Staff, is allowed to remain on the floor for the purpose of assisting 
with the explanation of the Committee Substitute bill. 



June 23, 1988 



130 SENATE JOURNAL [Second Session 

Senator Winner offers a motion that the Committee Substitute bill be re-referred to 
the Environment Committee, which motion fails to prevail (electronically re- 
corded). 

The Chair orders the Committee Substitute bill temporarily displaced. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 2623, a bill to clarify the fees applicable to generators and transporters of 
hazardous waste, and to hazardous waste storage, treatment, and disposal facilities. 
Referred to Finance Committee. 

H.J.R. 2649, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to correct the dates for the phase-in of the 
modified system for adjusting the assessment level of Public Service Company System 
property. 

Senator Rauch offers a motion that the rules be suspended, and the joint resolution 
be placed before the Senate for immediate consideration, which motion prevails (elec- 
tronically recorded). 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered enrolled. 

CALENDAR (Continued) 

H.B. 2365 (Committee Substitute), a bill to provide fee setting authority and to 
impose taxes and fees applicable to Low-Level Radioactive Waste and Hazardous 
Waste, to implement the recommendations of the Joint Select Committee on Low- 
Level Radioactive Waste and the Inter-Agency Committee on Low-Level Radioactive 
Waste, to make related clarifying and technical amendments, to authorize certain 
agreements relating to hazardous waste, to restrict the activities of the Hazardous 
Waste Treatment Commission, to limit annexation of waste facilities, and to make 
conforming changes to other laws, upon second reading. 

Senator Thomas offers Amendment No. 1 which changes the title to read H.B. 
2365 (Committee Substitute), a bill to provide fee setting authority and to impose 
taxes and fees applicable to Low-Level Radioactive Waste and Hazardous Waste, to 
implement the recommendations of the Joint Select Committee on Low-Level Radio- 
active Waste and the Inter- Agency Committee on Low-Level Radioactive Waste, to 
make related clarifying and technical amendments, to authorize certain agreements 
relating to hazardous waste, to restrict the activities of the Hazardous Waste Treat- 
ment Commission, to limit annexation of waste facilities, to limit the period of opera- 
tion of a regional low-level radioactive waste facility, and to make conforming 
changes to other laws. 

Senator Harris offers a motion that Amendment No. 1 do lie upon the table, sec- 
onded by Senator Hardison, which motion prevails (electronically recorded). Amend- 
ment No. 1 lies upon the table. 

Senator Winner offers Amendment No. 2. Senator Johnson of Wake rises to a 
point of order as to whether Amendment No. 2 is germane to the Committee Substitute 
bill. The Chair rules Amendment No. 2 germane. Amendment No. 2 fails of adop- 
tion (electronically recorded). 

Senator Winner offers Amendment No. 3 which fails of adoption (electronically 
recorded). 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 46, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 



June 23. 1988 



1988] SENATE JOURNAL 131 

Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, 
Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow for 
further consideration upon third reading. 

H. B. 2372, a bill to amend the formula used to apportion the income of multi-state 
corporations to this State for income taxation and to conform the formula for payment 
of estimated taxes to the federal formula, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Walker, Ward, Warren, and Winner— 44. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 2389 (Committee Substitute), a bill to provide for special tax treatment of 
Subchapter S Corporations, upon second reading. 

On motion of Senator Rauch, Committee Amendments No. 1 and No. 2 are 
adopted. 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, 
Cobb, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Rand, Rauch, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, 
Taft, Tally, Thomas, Walker, and Ward— 42. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow for further consideration upon third reading. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the office of the Secretary of State: 

H.J.R. 2649, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to correct the dates for the phase-in of the 
modified system for adjusting the assessment level of public service company system 
property. (Res. 44) 

CALENDAR (Continued) 

H.B. 2463, a bill to amend Chapter 806 of the 1987 Session Laws to provide 
changes only with respect to projects wholly self-liquidating, upon second reading. 

Without objection, on motion of Senator Rauch, the rules are suspended to the end 
that the bill is not required to go to the Finance Committee and remains before the 
Senate. 

The bill passes its second reading by roll-call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 



June 23, 1988 



132 SENATE JOURNAL [Second Session 

Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Guil- 
ford, Marvin, Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, 
Sherron, Simpson, Smith, Soles, Somers, Speed, Swain, Taft, Tally, and Ward— 38. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

WITHDRAWAL FROM COMMITTEE 

S.B. 564 (Committee Substitute No. 2), a bill to set forth the powers and duties of 
the Commissioner of Labor dealing with the regulation of migrant housing, as 
amended. 

Without objection, on motion of Senator Plyler the rules are suspended and Com- 
mittee Substitute bill No. 2, as amended, is taken from the Appropriations Com- 
mittee and is placed before the Senate for immediate consideration. 

Senator Barker offers Amendment No. 5 which is adopted (electronically recorded). 

Senator Johnson of Wake rises to a point of order as to whether the Committee 
Substitute bill No. 2, as amended, is eligible for further consideration under Resolu- 
tion 37. 

The Chair takes the point of order under advisement and orders the Committee Sub- 
stitute bill No. 2, as amended, temporarily displaced. 

S.J.R. 1842, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to provide for the use of pen registers and 
trap and trace devices in conformity with federal law. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger. 

S.B. 1847, a bill to appoint persons to various public offices upon the recommenda- 
tion of the President Pro Tempore of the Senate. 

The bill passes its second (electronically recorded) and third readings and is or- 
dered, without objection, sent to the House of Representatives by special messenger. 

S.B. 1853, a bill to conform the General Statutes to an opinion of the United States 
Supreme Court by requiring notice to known creditors of the last date for presentation 
of claims against a decedent's estate. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger without engrossment. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.J.R. 2553, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to add new fees to be collected by the State 
Board of Cosmetology. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 2604, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to exempt motorized wheelchairs from the 
definition of "vehicle" in Chapter 20 of the General Statutes. 

Senator Ezzell offers a motion to suspend the rules and place the joint resolution 
before the Senate for immediate consideration, which motion prevails (electronically 
recorded). 



June 23, 1988 



1988] SENATE JOURNAL 133 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered enrolled. 



CALENDAR (Continued) 

H.B. 2216, a bill to make conforming changes to laws relating to courts, so as to 
conform to Chapter 509 of the 1987 Session Laws, as recommended by the Legislative 
Research Commission. 

On motion of Senator Soles, further consideration of the bill is postponed until 
Monday, June 27. 

On motion of Senator Royall, seconded by Senator Somers, the Senate adjourns at 
4:05 P.M. in memory of W. Claire Thomas, former Senator from Caswell County, to 
meet tomorrow at 10:00 A.M. 



ONE HUNDRED FIFTY-SECOND DAY 

Senate Chamber, 

Friday, June 24, 1988. 

The Senate meets pursuant to adjournment and is called to order in the absence of 
the President by the Honorable Kenneth C. Royall, Jr., Deputy President Pro Tem- 
pore. 

Prayer is offered by the Reverend Chadwick J. Allen of Selma Baptist Church, 
Selma, North Carolina. 

Without objection, the Journal of yesterday, June 23, stands approved as written. 

Leaves of absence are granted to Senators Conder, Harrington, and Guy, without 
objection. 

The Honorable Kenneth C. Royall, Jr., relinquishes the gavel to the Honorable 
Marshall A. Rauch, Senator from Gaston County, who presides. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Harris for the Human Resources Committee: 

H.B. 1130, a bill to make the possession of anabolic steroids without a prescription 
a felony, with an unfavorable report as to bill, but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Harris, the rules are suspended and the Senate Committee 
Substitute bill which changes the title to read, H.B. 1130 (Senate Committee Substi- 
tute), a bill to provide that anabolic steroids are included as a controlled substance, is 
placed before the Senate for immediate consideration. 

On motion of Senator Harris, the Senate Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for Monday, June 27. 



June 24, 1988 



134 SENATE JOURNAL [Second Session 

By Senator Seymour for the Alcoholic Beverage Control Committee: 

H.B. 2222, a bill to modify the distribution of profits from the operation of alco- 
holic beverage control stores in Northampton County pertaining to financing of law 
enforcement, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following resolution filed for introduction is presented to the Senate, read the 
first time, and disposed of as follows: 

By Senators Cobb, Basnight, Bryan, Hipps, Martin of Pitt, Martin of Guilford, 
Marvin, McDuffie, Rand, Seymour, Simpson, Thomas, and Winner: 

S.J.R. 1866, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to amend the Constitution to secure to the 
Governor the power of veto. 

Senator Cobb offers a motion to suspend the rules and place the joint resolution 
before the Senate for immediate consideration. 

Senator Kaplan rises to a point of parliamentary inquiry as to whether the motion 
requires a two-thirds majority. The Chair rules that the motion requires a two-thirds 
majority. The motion fails to prevail (electronically recorded) for lack of majority and 
the Chair refers the joint resolution to the Rules and Operations of the Senate 
Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S.B. 663, a bill to specifically authorize the North Carolina Board of Dental Exam- 
iners to regulate general anesthesia and parenteral sedation by dentists, for concur- 
rence in House Amendments No. 1 and No. 2 which is placed on the Calendar for 
Monday, June 27. 



CALENDAR 

Bills and resolutions on the Calendar, carried forward as unfinished business from 
Thursday, June 23, are taken up and disposed of as follows: 

H.B. 1240 (Senate Committee Substitute), a bill to make certain changes in the 
law regarding fraudulent disposal of property. 

Senator Block offers Amendment No. 1 which is adopted (electronically recorded). 

The Senate Committee Substitute bill, as amended, passes its second reading (elec- 
tronically recorded) . 

Senator Simpson objects to the third reading of the Senate Committee Substitute 
bill. 

The Senate Committee Substitute bill, as amended, is ordered placed on the Calen- 
dar for Monday, June 27, for further consideration, upon third reading. 

The Honorable Marshall A. Rauch, Senator from Gaston County, relinquishes the 
gavel to the Honorable Robert B. Jordan III, Lieutenant Governor, who presides. 

H.J.R. 2182, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to reenact Section 1 of Chapter 446, Ses- 
sion Laws of 1987, prohibiting certain investments in certain companies involved in 



June 24, 1988 



1988] SENATE JOURNAL 135 

South Africa which was inadvertently repealed by Section 5 of Chapter 751, Session 
Laws of 1987, a rewrite of the investment powers of the State Treasurer. 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered enrolled. 

H.J.R. 2475, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider "a bill to be entitled an act to provide that an admission fee may be 
charged for the three North Carolina aquariums and that those fees shall be used by 
the North Carolina Aquarium Society to plan, construct, operate, and support live 
marine mammal pavilions and rehabilitation facilities at the North Carolina aquari- 
ums." 

The joint resolution passes its second (electronically recorded) and third readings 
and is ordered enrolled. 

H.B. 1264, a bill to increase the penalty for assaults upon governmental officers 
and employees, as amended, upon third reading. 

Senator Martin of Guilford offers Amendment No. 2 which is adopted (electroni- 
cally recorded). 

Senator Sands offers Amendment No. 3. 

Senator Swain offers a motion that the bill, as amended, with Amendment No. 3 
pending be re-referred to the Judiciary III Committee, which motion prevails. 

The bill, as amended, is ordered re-referred to the Judiciary III Committee, 
with Amendment No. 3 pending. 

S.B. 758 (House Committee Substitute), a bill to authorize revenue bonds to be 
issued to finance facilities for agencies of the federal government, for concurrence in 
the House Committee Substitute bill, upon third reading. 

The Senate concurs in the House Committee Substitute bill on its third reading by 
roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, and Winner— 42. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 



REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of 
business, read by its title, together with the reports accompanying it, and takes its 
place on the Calendar, as follows: 

By Senator Rauch for the Finance Committee: 

H.B. 2188, a bill to revise and consolidate the Charter of the City of Whiteville, 
with a favorable report. 

H.B. 2369, a bill to correct Chapter 837 of the 1987 Session Laws, relating to 
limits on costs to be assessed for the support of the General Court of Justice in the 
administration of estates, with a favorable report. 

H.B. 2376, a bill to provide an additional one thousand one hundred dollars 
($1,100) income tax exemption for taxpayers and their dependents who have muscu- 
lar dystrophy, with a favorable report. 



June 24, 1988 



136 SENATE JOURNAL [Second Session 

H.B. 2427, a bill to authorize the issuance of not in excess of twenty-five million 
dollars bonds of the State to provide funds, with other available funds, for the con- 
struction, in phases if desirable, of parking garages in downtown Raleigh, such 
authorized bonds to be issued without an election during the biennium ended June 30, 
1989, in an amount not in excess of such authorized of amount and not in excess of 
two-thirds of the amount by which the State's outstanding indebtedness shall have 
been reduced during the 1985-87 Biennium, with a favorable report. 

On motion of Senator Rauch, the bill is re-referred to the Appropriations Com- 
mittee. 

H.B. 2623, a bill to clarify the fees applicable to generators and transporters of 
hazardous waste, and to hazardous waste storage, treatment, and disposal facilities, 
with a favorable report. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Rand moves that Rule 40 be suspended to allow the introduction of the 
following joint resolution which motion prevails by a two-thirds majority vote (elec- 
tronically recorded). 

By Senator Rand: 

S.J.R. 1867, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to amend Chapter 899 of the 1985 Session 
Laws (Regular Session, 1986) to provide changes only with respect to a wholly self- 
liquidating project. 

On motion of Senator Rand, the joint resolution remains before the Senate for im- 
mediate consideration. 

On motion of Senator Rand the joint resolution passes its second (electronically 
recorded) and third reading and is ordered, without objection, sent to the House of 
Representatives by special messenger. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 411, an act increasing the interest to be paid on partial license fees. (Ch. 938) 

S.B. 1558, an act to modify the form of election of the Pamlico County Board of 
Commissioners and the Pamlico County Board of Education so as to implement a 
federal court judgment. (Ch. 939) 

S.B. 1581, an act amending the Charter of the City of Winston-Salem relating to 
notice of special elections. (Ch. 940) 

S.B. 1601, an act to limit the income tax dependency exemption to relatives and 
foster children of the taxpayer and dependents of whom the taxpayer has legal cus- 
tody. (Ch. 941) 

S.B. 1602, an act to incorporate the village of St. Helena in Pender County. (Ch. 
942) 

S.B. 1603, an act to conform Catawba County School Board appointments to the 
provisions of G.S. 115C-37. (Ch. 943) 



June 24, 1988 



1988] SENATE JOURNAL 137 

S.B. 1605, an act exempting sailboards (wind surfboards) from a local modifica- 
tion for Mecklenburg County of G.S. 75A-6. (Ch. 944) 

S.B. 1608, an act to amend the law regarding appointments to the Board of Com- 
missioners of the Onslow Memorial Hospital Authority. (Ch. 945) 

H.B. 475 (Committee Substitute), an act to require timely payments to subcontrac- 
tors and suppliers, and to provide for interest on late payments. (Ch. 946) 

H.B. 2196, an act to allow Cabarrus Memorial Hospital to award an associate 
degree to graduates of its nursing education program. (Ch. 947) 

H.B. 2201, an act to grant the Town of Rutherfordton authority to hold a referen- 
dum on adding a property tax levy for a recreational capital building fund. (Ch. 948) 

H.B. 2203, an act relating to performance and payment bonds to the City of 
Winston-Salem. (Ch. 949) 

H.B. 2207, an act to authorize Alamance County to levy a room occupancy and 
tourism development tax. (Ch. 950) 

H.B. 2210, an act to allow the Town of Holden Beach to hold additional street 
assessments in abeyance. (Ch. 951) 

H.B. 2220, an act to revise and consolidate the Charter of the Town of Castalia, 
North Carolina. (Ch. 952) 

H.B. 2214, an act to increase the maximum vehicle teix that can be levied in the 
Town of Murfreesboro from five dollars to twenty dollars. (Ch. 953) 

H.B. 2228, an act to allow the Towns of Holden Beach and Sunset Beach to make 
special assessments for undergrounding of utilities. (Ch. 954) 

H.B. 2254, an act regarding the taking of black bears in certain counties. (Ch. 
955) 

H.B. 2229, an act to authorize the Town of Sunset Beach to levy a room occupancy 
and tourism development tax. (Ch. 956) 

H.B. 2235, an act to allow Rutherford County to levy an ad valorem tax for a 
recreational lake. (Ch. 957) 

H.B. 2239, an act to amend the fox hunting law in Wayne County. (Ch. 958) 

H.B. 2240, an act to allow Wake County to create rural fire protection districts 
contiguous with the boundaries of existing county fire service districts and to annex 
territory to rural fire protection districts. (Ch. 959) 

H.B. 2251, an act to allow the Cleveland County Board of Commissioners, after 
public hearing, to extend the boundaries of any voted fire protection district out to five 
road miles. (Ch. 960) 

H.B. 2252, an act to repeal the prohibition of running deer on part of Dare County. 
(Ch. 961) 

H.B. 2279, an act to authorize the Town of Ahoskie to levy special assessments for 
street or sidewalk improvements. (Ch. 962) 

H.B. 2295, an act to authorize the Town of Holden Beach to levy a room occu- 
pancy and tourism development tax. (Ch. 963) 



June 24, 1988 



138 SENATE JOURNAL [Second Session 

H.B. 2296, an act to amend the Charter of the City of High Point relating to as- 
sessments for water mains and sewers. (Ch. 964) 

H.B. 2299, an act to allow shampooing by unlicensed shampooers in Duplin 
County. (Ch. 965) 

H.B. 2313, an act setting forth the method of electing the Duplin County Board of 
Commissioners and Board of Education as ordered by the United States District Court 
in February 1988. (Ch. 966) 

H.B. 2315, an act to amend Session Laws 1985 (Regular Session 1986), Chapter 
903, to require any person possessing a firearm or bow and arrow that is readily avail- 
able for use to secure an entry permit before entering or remaining on registered land 
or remaining on abutting portions of highway. (Ch. 967) 

H.B. 2318, an act to authorize the Town of Pine Knoll Shores to create a sea turtle 
sanctuary. (Ch. 968) 

H.B. 2326, an act to authorize Richmond County to levy a room occupancy tax. 

(Ch. 969) 

H.B. 2332, an act to authorize Pender County to levy a room occupancy and tour- 
ism development tax. (Ch. 970) 

H.B. 2334, an act to repeal the prohibition of the manufacture and sale of liquor in 
the Town of Wade. (Ch. 971) 

H.B. 2343, an act providing for the election of the Craven County Board of Com- 
missioners. (Ch. 972) 

H.B. 2354, an act to repeal the prohibition of the manufacture and sale of liquor in 
the Town of Godwin. (Ch. 973) 

H.B. 2356, an act to provide for a special primary to fill a vacancy on the Vance 
County Board of Education, and to provide that in filling further vacancies, the Board 
of Education must choose the candidate recommended by the County Party Executive 
Committee of the vacating member. (Ch. 974) 

H.J.R. 2604, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to exempt motorized wheelchairs from the 
definition of "vehicle" in Chapter 20 of the General Statutes. (Res. 45) 

CALENDAR (Continued) 

H.B. 657 (Senate Committee Substitute), a bill to modify the provisions of G.S. 
159-64 as applied to bonds authorized during the calendar year 1981 extending the 
time within which such bonds may be issued, upon third reading. 

Senator Sands offers a motion that the rules be suspended to place the Senate Com- 
mittee Substitute bill before the Senate for immediate consideration, out of its regular 
order of business which motion prevails. 

Senator Johnson of Wake is excused from voting for the stated reason: "Conflict" 

The Senate Committee Substitute bill passes its third reading by roll-call vote, ayes 
41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, 
Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Walker, Ward, War- 
ren, and Winner — 41. 



June 24, 1988 



1988] SENATE JOURNAL 139 

Voting in the negative: None. 

The Senate Committee Substitute bill is ordered, without objection, sent to the 
House of Representatives by special messenger for concurrence in the Senate Commit- 
tee Substitute bill. 

Bills and resolutions on the Calendar under suspension of the rules, carried forward 
as unfinished business from June 23, are taken up and disposed of as follows: 

H.B. 2212, a bill to incorporate the Town of Varnamtown; subject to a referen- 
dum, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner — 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 27, for further consid- 
eration, upon third reading. 

H.B. 2230, a bill to incorporate the Town of Cedar Point, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner — 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 27, for further consid- 
eration, upon third reading. 

H.B. 2270, a bill to incorporate the Town of Sandy Creek; subject to a referen- 
dum, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 27, for further consid- 
eration, upon third reading. 

H.B. 2337, a bill to authorize municipalities within Guilford County to enter into 
agreements concerning annexations, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner— 43. 

Voting in the negative: None. 



June 24, 1988 



140 SENATE JOURNAL [Second Session 

The bill is ordered placed on the Calendar for Monday, June 27, for further consid- 
eration, upon third reading. 

H.B. 2338, a bill to authorize acceptance of irrevocable letters of credit in lieu of 
performance bonds relating to the letting of performance bonds relating to the letting of 
public contracts by the City of Greensboro and Guilford County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 27, for further consid- 
eration, upon third reading. 

H.B. 2341, a bill to amend the Charter of the City of Greensboro, upon second 
reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner — 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 27, for further consid- 
eration, upon third reading. 

H.B. 2352, a bill to change the manner of election of the Caswell County Board of 
Commissioners and the Caswell County Board of Education so as to implement a fed- 
eral court order. 

Without objection, on motion of Senator Ezzell, the bill is recommitted to the Lo- 
cal Government and Regional Affairs I Committee. 

H.B. 579 (Committee Substitute), a bill to provide that counties may by resolution 
deem the creation of a self-funded risk program as the purchase of insurance for the 
purpose of waiving the defense of governmental immunity. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 2324, a bill to limit height of structures in the Town of Holden Beach. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger for concurrence 
in Senate Amendment No. 1. 

Bills and resolutions on today's Calendar are taken up and disposed of as follows: 

H.B. 2187, a bill to revise and consolidate the Charter of the Town of Clayton, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner— 42. 



June 24, 1988 



1988] SENATE JOURNAL 141 

Voting in the negative: None. 
The bill is ordered enrolled. 

H.B. 2211, a bill to validate the actions of the Brunswick Utility Operations Board 
concerning certain assessments, and to allow continued delegation of certain assess- 
ment functions, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner — 42. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2258, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner— 42. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2259, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner — 42. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2260, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner— 42. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2274, a bill redefining the city limits of the City of Wilson, upon third read- 
ing. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 



June 24, 1988 



142 SENATE JOURNAL [Second Session 

Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner — 42. 

Voting in the negative: None. 

The bill is ordered enrolled. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

II. J. R. 2649 House OF Representatives 

June 24, 1988 

Mr. President: 

This is to advise that the title on the jacket of H.J.R. 2649 sent to you by special 
message on June 23, 1988 should read as follows: 

A JOINT RESOLUTION AUTHORIZING THE 1987 GENERAL ASSEMBLY, 
1988 SESSION, TO CONSIDER A BILL TO BE ENTITLED AN ACT TO COR- 
RECT THE DATES FOR THE PHASE-IN OF THE MODIFIED SYSTEM FOR 
ADJUSTING THE ASSESSMENT LEVEL OF PUBLIC SERVICE COMPANY SYS- 
TEM PROPERTY. 

Respectfully, 
S/Grace a. Collins 

Senator Royall offers a motion that the vote by which the Journal for yesterday, June 
23, 1988, was approved, be reconsidered, which motion prevails. 

Senator Royall further moves that the message from the House of Representatives 
informing the Senate that the title to H.J.R. 2649, a joint resolution authorizing the 
1987 General Assembly, 1988 Session, to consider a bill relating to the schedule of 
sales assessment ratio studies conducted for the purpose of valuing public service sys- 
tem property, was reflected incorrectly on the face of the joint resolution be reflected in 
the records of the proceedings for June 23, and that the title of the joint resolution be 
changed accordingly, which motion prevails. The corrected title is H.J.R. 2649, a 
joint resolution authorizing the 1987 General Assembly, 1988 Session, to consider a 
bill to be entitled an act to correct the dates for the phase-in of the modified system for 
adjusting the assessment level of public service company system property. 

Senator Royall moves that the Journal of Thursday, June 23, 1988, be approved as 
corrected by the change in the title of H.J.R. 2649, which motion prevails. 



CALENDAR (Continued) 

H.B. 2243, a bill making sundry amendments concerning local governments in Or- 
ange and Chatham Counties — 2, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 37, noes 5, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Ez- 
zell, Goldston, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, 
Rand, Rauch, Richardson, Royall, Seymour, Shaw, Sherron, Simpson, Smith, 
Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, and Winner — 37. 

Voting in the negative: Senators Cobb, Daniel, Hardison, Johnson of Cabarrus, 
and Sands — 5. 



June 24, 1988 



1988] SENATE JOURNAL 143 

The bill is ordered placed on the Calendar for Monday, June 27, for further consid- 
eration, upon third reading. 

H.B. 2278, a bill to authorize Craven County to appoint a special board of equali- 
zation and review, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Harris, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Taft, Tally, Ward, 
Warren, and Winner— 40. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 27, for further consid- 
eration, upon third reading. 

H.B. 2355, a bill to incorporate the Town of Santeetlah, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Harris, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Taft, Tally, Ward, 
Warren, and Winner — 40. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 27, for further consid- 
eration, upon third reading. 

S.B. 1619 (Committee Substitute), a bill to provide for the filing of housing code 
notices or orders in the notice of lis pendens by the City of Wilmington. 

The Committee Substitute bill passes its second and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

H.B. 2168, a bill to clarify that the Washington City Board of Education fills its 
own vacancies. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2234, a bill to increase the supplemental retirement available under the 
Shelby Local Firemen's Relief Fund. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2339, a bill to change the name of the Greensboro-High Point Regional Air- 
port Authority to the Piedmont Triad Airport Authority and to change the name of the 
Greensboro/High Point/ Winston-Salem Regional Airport to the Piedmont Triad Inter- 
national Airport. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2351, a bill to permit the Granville County Board of Education to choose the 
building contract system it uses for the construction of a new middle school. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 2365 (Committee Substitute), a bill to provide fee setting authority and to 
impose taxes and fees applicable to Low-Level Radioactive Waste and Hazardous 
Waste, to implement the recommendations of the Joint Select Committee on Low- 
Level Radioactive Waste and the Inter-Agency Committee on Low-Level Radioactive 
Waste, to make related clarifying and technical amendments, to authorize certain 
agreements relating to hazardous waste, to restrict the activities of the Hazardous 



June 24, 1988 



144 SENATE JOURNAL [Second Session 

Waste Treatment Commission, to limit annexation of waste facilities, and to make 
conforming changes to other laws, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 44, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, 
Taft, Tally, Thomas, Walker, Ward, Warren, and Winner— 44. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

H.B. 2372, a bill to amend the formula used to apportion the income of multi-state 
corporations to this State for income taxation and to conform the formula for payment 
of estimated taxes to the federal formula, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, 
Taft, Tally, Thomas, Walker, Ward, Warren, and Winner — 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2389 (Committee Substitute), a bill to provide for special tax treatment of 
Subchapter S Corporations, as amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, 
Taft, Tally, Thomas, Walker, Ward, Warren, and Winner — 44. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered, without objection, sent to 
the House of Representatives by special messenger for concurrence in Senate Amend- 
ments No. 1 and No. 2. 

H.B. 2463, a bill to amend Chapter 806 of the 1987 Session Laws to provide 
changes only with respect to projects wholly self-liquidating, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Moore, Kaplan, Kin- 
caid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, 
Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Smith, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner — 40. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2169, a bill to change the effective date of the transfer of responsibility for 
issuing bingo licenses from the Department of Revenue to the Department of Human 
Resources, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 39, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Daniel, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Moore, Johnson of 



June 24, 1988 



1988] SENATE JOURNAL 145 

Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Plyler, Rand, Rauch, Richardson, Royall, Sands, Shaw, Sherron, Smith, Speed, 
Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner— 39. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 27, for further consid- 
eration, upon third reading. 

S.B. 564 (Committee Substitute No. 2), a bill to set forth the powers and duties of 
the Commissioner of Labor dealing with the regulation of migrant housing, as 
amended. 

The Chair addresses the point of order raised by Senator Johnson of Wake on June 
23 and rules that the Committee Substitute bill No. 2, as amended, no longer complies 
with Resolution 37 upon the adoption of Amendment No. 5 and is, therefore, no 
longer eligible for further consideration. The Chair orders the Committee Substitute 
bill No. 2, as amended, returned to the Office of the Principal Clerk. 

S.B. 1857, a bill to amend the definition of rural area contained in an act to 
authorize the creation of North Carolina Enterprise Corporations. 

On motion of Senator Staton, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

H.B. 2264, a bill to provide for the purchase of military service under the Legisla- 
tive Retirement System after the completion of five years of creditable service. 

The bill passes its second reading (electronically recorded). 

Senator Taft objects to the third reading of the bill. 

The bill is ordered placed on the Calendar for Monday, June 27, for further consid- 
eration, upon third reading. 

H.B. 2360 (Committee Substitute), a bill to allow "severely distressed counties" 
and cities in those counties to retain small cities Community Development Block Grant 
Program income. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

S.B. 511 (House Committee Substitute), a bill to make technical amendments to 
the insurance law, for concurrence in the House Committee Substitute bill. 

On motion of Senator Parnell, the Senate concurs in the House Committee Substi- 
tute bill (electronically recorded) , and the House Committee Substitute bill is ordered 
enrolled. 

On motion of Senator Royall, seconded by Senator Allran, the Senate adjourns at 
12:10 P.M. to meet Monday, June 27, at 8:00 P.M. 



ONE HUNDRED FIFTY-THIRD DAY 

Senate Chamber, 
Monday, June 27, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, we all admire the wisdom of those who come to us for advice— advice 
is such an easy thing to give, such a difficult thing to follow. 



June 27, 1988 



146 , SENATE JOURNAL [Second Session 

"A wise one once said: 'I give my ear to many, my mouth to very few!' 

"Open now our ears, O Lord, to hear the wisdom of Thy Counsel, and put a guard 

over our mouths so that our words today may be gracious and good, for tomorrow, we 

may have to eat them. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday, June 24, has been examined and is found to be correct. On 
his motion, the Senate dispenses with the reading of the Journal and it stands ap- 
proved as written. 

The President grants a leave of absence to Senator Kaplan for tonight. 

The President extends courtesies of the floor to William W. Redman, former Sena- 
tor from Iredell County and his daughter, Adrian. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Johnson of Wake for the Judiciary II Committee: 

S.B. 1823, a bill to allow the district court to sit in Havelock, with a favorable 
report, as amended. 

By Senator Warren for the Education Committee: 

H.B. 331 (Committee Substitute), a bill to provide a governance structure for the 
Department of Public Education, with an unfavorable report as to Committee Substi- 
tute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Warren, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Warren, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow for further consideration. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 511 (House Committee Substitute), an act to make technical amendments to 
the insurance law. (Ch. 975) 

S.B. 758 (House Committee Substitute), an act to authorize revenue bonds to be 
issued to finance facilities for agencies of the federal government. (Ch. 976) 

S.B. 1566, an act changing the appointment of commissioners to the Pitt County 
Industrial Development Commission and enlargement of the County's powers to en- 
courage location of industrial prospects. (Ch. 977) 

S.B. 1626, an act to correct the corporate boundaries of the Town of Marshville. 
(Ch. 978) 

H.B. 280 (Senate Committee Substitute), an act to authorize Hertford County to 
levy a room occupancy and tourism development tax. (Ch. 979) 



June 27, 1988 



1988] SENATE JOURNAL 147 

H.B. 579 (Committee Substitute), an act to provide that counties may by resolution 
deem the creation of a self-funded risk program as the purchase of insurance for the 
purpose of waiving the defense of governmental immunity. (Ch. 980) 

H.B. 1204 (Senate Committee Substitute No. 3), an act to give water and sewer 
authorities the same power as cities and counties to purchase property subject to a 
purchase money security interest. (Ch. 981) 

H.B. 2168, an act to clarify that the Washington City Board of Education fills its 
own vacancies. (Ch. 982) 

H.B, 2187, an act to revise and consolidate the Charter of the Town of Clayton. 
(Ch. 983) 

H.B. 2211, an act to validate the actions of the Brunswick Utility Operations Board 
concerning certain assessments, and to allow continued delegation of certain assess- 
ment functions. (Ch. 984) 

H.B. 2234, an act to increase the supplemental retirement available under the 
Shelby Local Firemen's Relief Fund. (Ch. 985) 

H.B. 2258, an act to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees. (Ch. 986) 

H.B. 2259, an act to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees. (Ch. 987) 

H.B. 2260, an act to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, 
Nags Head, and Southern Shores to impose facility fees. (Ch. 988) 

H.B. 2274, an act redefining the city limits of the City of Wilson. (Ch. 989) 

H.B. 2339, an act to change the name of the Greensboro-High Point Regional 
Airport Authority to the Piedmont Triad Airport Authority and to change the name of 
the Greensboro/High Point/ Winston-Salem Regional Airport to the Piedmont Triad 
International Airport. (Ch. 990) 

H.B. 2351, an act to permit the Granville County Board of Education to choose the 
building contract system it uses for the construction of a new middle school. (Ch. 991) 

H.B. 2360 (Committee Substitute), an act to allow "severely distressed counties" 
and cities in those counties to retain small cities Community Development Block Grant 
Program income. (Ch. 992) 

H.B. 2365 (Committee Substitute), an act to provide fee setting authority and to 
impose taxes and fees applicable to Low-Level Radioactive Waste and Hazardous 
Waste, to implement the recommendations of the Joint Select Committee on Low- 
Level Radioactive Waste and the Inter-Agency Committee on Low-Level Radioactive 
Waste, to make related clarifying and technical amendments, to authorize certain 
agreements relating to hazardous waste, to restrict the activities of the Hazardous 
Waste Treatment Commission, to limit annexation of waste facilities, and to make 
conforming changes to other laws. (Ch. 993) 

H.B. 2372, an act to amend the formula used to apportion the income of multi- 
state corporations to this State for income taxation and to conform the formula for 
payment of estimated taxes to the federal formula. (Ch. 994) 

H.B. 2463, an act to amend Chapter 806 of the 1987 Session Laws to provide 
changes only with respect to projects wholly self-liquidating. (Ch. 995) 



June 27, 1988 



148 - SENATE JOURNAL [Second Session 

H.J.R. 2182, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to reenact Section 1 of Chapter 446, Ses- 
sion Laws of 1987, prohibiting certain investments in certain companies involved in 
South Africa which was inadvertently repealed by Section 5 of Chapter 751, Session 
Laws of 1987, a rewrite of the investment powers of the State Treasurer. (Res. 46) 

H.J.R. 2475, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider "a bill to be entitled an act to provide that an admission fee may be 
charged for the three North Carolina aquariums and that those fees shall be used by 
the North Carolina Aquarium Society to plan, construct, operate, and support live 
marine mammal pavilions and rehabilitation facilities at the North Carolina aquari- 
ums." (Res. 47) 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 2429, a bill to provide an additional one thousand one hundred dollars in- 
come tax exemption for taxpayers and their dependents with transplanted organs or 
tissues. 

Referred to Finance Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 2212, a bill to incorporate the Town of Varnamtown; subject to a referen- 
dum, upon third reading. 

The bill passes its third reading by roll call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Parnell, 
Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, and Win- 
ner— 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2230, a bill to incorporate the Town of Cedar Point, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas, 
Walker, Ward, Warren, and Winner— 41. 

Voting in the negative: None. 

The bill is ordered enrolled. ^^ 

H.B. 2243, a bill making sundry amendments concerning local governments in Or- 
ange and Chatham Counties — 2, upon third reading. 

Without objection, on motion of Senator Sands, the bill is temporarily displaced. 

H.B. 2270, a bill to incorporate the Town of Sandy Creek; subject to a referen- 
dum, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 



June 27, 1988 



1988] SENATE JOURNAL 149 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Parnell, 
Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, and Win- 
ner— 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2278, a bill to authorize Craven County to appoint a special board of equali- 
zation and review, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Parnell, 
Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, and Win- 
ner— 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2337, a bill to authorize municipalities within Guilford County to enter into 
agreements concerning annexations, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Parnell, 
Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, and Win- 
ner— 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2338, a bill to authorize acceptance of irrevocable letters of credit in lieu of 
performance bonds relating to the letting of performance bonds relating to the letting of 
public contracts by the City of Greensboro and Guilford County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Parnell, 
Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, and Win- 
ner— 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2341, a bill to amend the Charter of the City of Greensboro, upon third read- 
ing. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Parnell, 
Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, and Win- 
ner — 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 



June 27, 1988 



150 SENATE JOURNAL [Second Session 

H.B. 2355, a bill to incorporate the Town of Santeetlah, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Parnell, 
Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, and Win- 
ner— 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2188, a bill to revise and consolidate the Charter of the City of Whiteville, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Mar- 
vin, Parnell, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, 
Smith, Somers, Speed, Staton, Swain, Taft, Tally, Ward, Warren, and Winner— 39. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 2244, a bill concerning voluntary satellite annexations by the Town of Gar- 
ner, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Parnell, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Walker, Ward, 
Warren, and Winner— 42. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for further consideration upon third read- 
ing. 

H.B. 2222, a bill to modify the distribution of profits from the operation of alco- 
holic beverage control stores in Northampton County pertaining to financing of law 
enforcement. 

The bill passes its second and third readings an is ordered enrolled. 

H.B. 2169, a bill to change the effective date of the transfer of responsibility for 
issuing bingo licenses from the Department of Revenue to the Department of Human 
Resources, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Parnell, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Tally, Walker, Ward, War- 
ren, and Winner— 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2369, a bill to correct Chapter 837 of the 1987 Session Laws, relating to 
limits on costs to be assessed for the support of the General Court of Justice in the 
administration of estates, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 40, noes 0, as follows: 



June 27, 1988 



1988] SENATE JOURNAL 151 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, 
Smith, Soles, Somers, Speed, Staton, Swain, Tally, Walker, Ward, Warren, and 
Winner— 40. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 2623, a bill to clarify the fees applicable to generators and transporters of 
hazardous waste, and to hazardous waste storage, treatment, and disposal facilities, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Plyler, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Walker, Ward, 
Warren, and Winner— 42. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for further consideration upon third read- 
ing. 

H.B. 1130 (Senate Committee Substitute), a bill to provide that anabolic steroids 
are included as a controlled substance. 

The Senate Committee Substitute bill passes its second reading (electronically re- 
corded). 

Senator Martin of Guilford objects to the third reading of the bill. 

The Senate Committee Substitute bill is ordered placed on the Calendar for tomor- 
row for further consideration upon third reading. 

H.B. 2216, a bill to make conforming changes to laws relating to courts, so as to 
conform to Chapter 509 of the 1987 Session Laws, as recommended by the Legislative 
Research Commission. 

Senator Soles offers Amendment No. 1 which is adopted (electronically recorded). 

Senator Swain offers Amendment No. 2. 

On motion of Senator Swain, further consideration of the bill, as amended, with 
Amendment No. 2 pending, is postponed until tomorrow, June 28. 

H.B. 2376, a bill to provide an additional one thousand one hundred dollars 
($1,100) income tax exemption for taxpayers and their dependents who have muscu- 
lar dystrophy. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 1240 (Senate Committee Substitute), a bill to make certain changes in the 
law regarding fraudulent disposal of property, as amended, upon third reading. 

Without objection, on motion of Senator Hipps, consideration of the Senate Com- 
mittee Substitute bill, as amended, is postponed until tomorrow, June 28. 

H.B. 2243, a bill making sundry amendments concerning local governments in Or- 
ange and Chatham Counties— 2, upon third reading, temporarily displaced earlier. 

Senator Hunt of Moore offers Amendment No. 1 which is adopted (electronically 
recorded). 

The bill, as amended, passes its third reading by roll-call vote, ayes 44, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Cobb, Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt 



June 27, 1988 



152 SENATE JOURNAL [Second Session 

of Durham, Hunt of Moore, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Rauch, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, 
Taft, Tally, Walker, Ward, Warren, and Winner— 44. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives for concur- 
rence in Senate Amendment No. 1. 

H.B. 2264, a bill to provide for the purchase of military service under the Legisla- 
tive Retirement System after the completion of five years of creditable service, upon 
third reading. 

Senator Bryan offers Amendment No. 1. 

Without objection, on motion of Senator Swain, further consideration of the bill, 
with Amendment No. 1 pending, is postponed until tomorrow, June 28. 

S.B. 663, a bill to specifically authorize the North Carolina Board of Dental Exam- 
iners to regulate general anesthesia and parenteral sedation by dentists, for concur- 
rence in House Amendments No. 1 and No. 2. 

Senator Johnson of Wake moves that the Senate do not concur in House Amend- 
ments No. 1 and No. 2 and further moves that the President appoint conferees, which 
motions prevail. 

The President appoints Senators Johnson of Wake, Hunt of Moore, and Rand as 
conferees on the part of the Senate to resolve the differences arising between the two 
Bodies, and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action and requesting conferees. 

. SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 2651, a bill to correct the dates for phase-in of the modified system for ad- 
justing the assessment level of public service company system property. 
Referred to Finance Committee. 

H.B. 2648, a bill to close loopholes that allow high-income taxpayers to claim the 
low-income tax credit and to increase the maximum fees that can be established by 
the Manufactured Housing Board and the Board of Pharmacy. 

Referred to Finance Committee. 

The President recognizes the following pages serving in the Senate this week: James 
Christopher Black, Durham; Russell Amos Brinson, Kenansville; Gordon Burkette, 
Raleigh; Caroline Carver, Fayetteville; Shelly Chappell, Wake Forest; Melinda 
Cothren, North Wilkesboro; Tina Lynn Cotton, Hubert; Veronica Cribb, Jackson- 
ville; Lea Dunn, Raleigh; Laurie Dardonell, Raleigh; Pat Edwards, Raleigh; Nelson 
Hawkins, Concord; Lee Hayes, Reidsville; Marty Heesch, Hickory; Blake Justice, 
Waynesville; Darren Franklin Lowe, Clyde; Kevin Erik Melville, Clyde; Alicia Nis- 
bet, Raleigh; Dolly Lynn Pressley, Canton; David William Rogers, Leicester; Charles 
Fletcher Salmon, Greensboro; Catherine Elizabeth Scott, Manteo; David Andrew 
Smith, Clinton; Kenneth Ellwood Spruill, Knightdale; Mary Lacey Tate, Lake Wac- 
camaw; Crystal "Lynn" Tripp, Greenville; Bob Warlick, Jacksonville; Julie Wilhelm, 
Hickory; Catherine Williams, Fayetteville; and Nikita Williams, Rocky Mount. 

On motion of Senator Harrington, seconded by Senator Simpson, the Senate ad- 
journs at 9:05 P.M. to meet tomorrow at 1:30 P.M. 



June 27, 1988 



1988] SENATE JOURNAL 153 

^ ONE HUNDRED FIFTY-FOURTH DAY 

Senate Chamber, 
Tuesday, June 28, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, as we turn our faces now toward the closing days of this summer ses- 
sion, may we have the faithful patience that plows to the end of the row. 

"Help each to hold his or her place— hold the long purpose like a growing tree. 

"And, grant by Thy mercies, O Lord, that the members of this Senate may stand so 
tall with wisdom and grace that when they depart this city set on a hill, they may leave 
a lonesome place against the sky. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, June 27, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The Chair extends courtesies of the gallery to mayors and other municipal officials 
from across the State, and to Worth Gentry, former Representative from Stokes 
County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Hunt of Moore for the Local Government and Regional Affairs 
II Committee: 

H.B. 473, a bill to amend the Charlotte City Charter with respect to auxiliary police 
and fire officers, with a favorable report. 

H.B. 2263, a bill to restore the mayor-council form of government in the Town of 
Landis, with a favorable report. 

By Senator Rauch for the Finance Committee: 

H.B. 2281, a bill to increase the maximum vehicle tax that can be levied in the 
City of Henderson from five dollars to ten dollars, with a favorable report. 

H.B. 2316, a bill to authorize Vance County to levy a room occupancy and tourism 
development tax, with a favorable report. 

H.B. 2429, a bill to provide an additional one thousand one hundred dollars in- 
come tax exemption for taxpayers and their dependents with transplanted organs or 
tissues, with a favorable report. 

H.B. 2171 (Committee Substitute), a bill to make technical amendments to the 
revenue laws, with a favorable report, as amended. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 



June 28. 1988 



154 ^ SENATE JOURNAL [Second Session 

H.B. 2188, a bill to revise and consolidate the Charter of the City of Whiteville, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Basnight, Block, Cobb, Conder, Ez- 
zell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin of Guilford, Marvin, 
McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, 
Shaw, Sherron, Smith, Somers, Staton, Swain, Taft, Tally, Ward, Warren, and 
Winner— 39. 

Voting in the negative: None. .- 

The bill is ordered enrolled. 

H.B. 2244, a bill concerning voluntary satellite annexations by the Town of Gar- 
ner, upon third reading. 

On motion of Senator Johnson of Wake the bill is re-referred to the Judiciary II 
Committee. 

H.B. 2369, a bill to correct Chapter 837 of the 1987 Session Laws, relating to 
limits on costs to be assessed for the support of the General Court of Justice in the 
administration of estates, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 1, as follows: 

Voting in the affirmative: Senators Barker, Basnight, Block, Cobb, Conder, 
Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Warren— 44. 

Voting in the negative: Senator Winner— 1. 

The bill is ordered enrolled. 

H.B. 2623, a bill to clarify the fees applicable to generators and transporters of 
hazardous waste, and to hazardous waste storage, treatment, and disposal facilities, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Cobb, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 1823, a bill to allow the district court to sit in Havelock. 

On motion of Senator Johnson of Wake, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (electronically recorded). 

Senator Sands objects to the third reading of the bill, which objection he subse- 
quently withdraws, and the bill, as amended, remains before the Senate for further 
consideration upon third reading. 

The bill, as amended, passes its third reading and is ordered, without objection, 
sent to the House of Representatives by special messenger, without engrossment. 

H.B. 331 (Senate Committee Substitute), a bill to provide a governance structure 
for the Department of Public Education. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered, without objection, sent to the House of Representatives 
by special messenger. 



June 28, 1988 



1988] SENATE JOURNAL 155 

Senator Barker and Senator Seymour request to be recorded voting "aye" on the 
third reading of the Senate Committee Substitute bill. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 1576, an act to allow the Town of Rolesville to impose impact fees. (Ch. 996) 

S.B. 1597, an act to increase the fine for unauthorized parking in a handicapped 
parking space in the City of Jacksonville. (Ch. 997) 

S.B. 1615, an act to authorize the City of Raleigh to levy a motor vehicle tax not to 
exceed ten dollars. (Ch. 998) 

H.B. 546 (Senate Committee Substitute), an act to provide for amendments to the 
Employment Security Law. (Ch. 999) 

H.B. 1171 (Senate Committee Substitute), an act to improve administration of the 
Sedimentation Pollution Control Act of 1973. (Ch. 1000) 

H.B. 2169, an act to change the effective date of the transfer of responsibility for 
issuing bingo licenses from the Department of Revenue to the Department of Human 
Resources. (Ch. 1001) 

H.B. 2172 (Senate Committee Substitute) an act to allow the Cities of Kinston and 
Morganton, and the Counties of Burke and Lenoir to acquire land for industrial devel- 
opment and dispose of same without public sale. (Ch. 1002) 

H.B. 2212, an act to incorporate the Town of Varnamtown; subject to a referen- 
dum. (Ch. 1003) 

H.B. 2222, an act to modify the distribution of profits from the operation of alco- 
holic beverage control stores in Northampton County pertaining to financing of law 
enforcement. (Ch. 1004) 

H.B. 2230, an act to incorporate the Town of Cedar Point. (Ch. 1005) 

H.B. 2238 (Senate Committee Substitute), an act to allow the Goldsboro-Wayne 
Airport Authority and the County of Duplin as to airport property to enter into longer- 
term leases, and to allow Wayne County to dispose of certain property by private sale. 
(Ch. 1006) 

H.B. 2270, an act to incorporate the Town of Sandy Creek; subject to a referen- 
dum. (Ch. 1007) 

H.B. 2278, an act to authorize Craven County to appoint a special board of equali- 
zation and review. (Ch. 1008) 

H.B. 2337, an act to authorize municipalities within Guilford County to enter into 
agreements concerning annexations. (Ch. 1009) 

H.B. 2338, an act to authorize acceptance of irrevocable letters of credit in lieu of 
performance bonds relating to the letting of performance bonds relating to the letting of 
public contracts by the City of Greensboro and Guilford County. (Ch. 1010) 

H.B. 2341, an act to amend the Charter of the City of Greensboro. (Ch. 1011) 



June 28, 1988 



156 « SENATE JOURNAL [Second Session 

H.B. 2355, an act to incorporate the Town of Santeetlah. (Ch. 1012) 

H.B. 2376, an act to provide an additional one thousand one hundred dollars 
($1,100) income tax exemption for taxpayers and their dependents who have muscu- 
lar dystrophy. (Ch. 1013) 



CALENDAR (Continued) 

H.B. 2216, a bill to make conforming changes to laws relating to courts, so as to 
conform to Chapter 509 of the 1987 Session Laws, as recommended by the Legislative 
Research Commission, as amended, with pending Amendment No. 2. 

On motion of Senator Swain, Amendment No. 2 is adopted (electronically re- 
corded). 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger for concurrence in Senate Amendments No. 1 and No. 2. 

H.B. 1130 (Senate Committee Substitute), a bill to provide that anabolic steroids 
are included as a controlled substance, upon third reading. 

The Senate Committee Substitute bill passes its third reading (electronically re- 
corded) and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill. 

H.B. 1240 (Senate Committee Substitute), a bill to make certain changes in the 
law regarding fraudulent disposal of property, as amended, upon third reading. 

The Senate Committee Substitute bill, as amended, passes its third reading (elec- 
tronically recorded) and is ordered engrossed and sent to the House of Representatives 
for concurrence in the Senate Committee Substitute bill. 

H.B. 2264, u bill to provide for the purchase of military service under the Legisla- 
tive Retirement System after the completion of five years of creditable service, upon 
third reading, with pending Amendment No. 1. 

On motion of Senator Swain, consideration of the bill with Amendment No. 1 pend- 
ing is postponed until tomorrow, June 29. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 663 * House OF Representatives 

June 28, 1988 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Amendment 1 and 2 to Senate B. No. 663, A BILL TO BE ENTITLED AN ACT 
TO SPECIFICALLY AUTHORIZE THE NORTH CAROLINA BOARD OF DEN- 
TAL EXAMINERS TO REGULATE GENERAL ANESTHESIA AND PAREN- 
TERAL SEDATION BY DENTISTS, the Speaker has appointed as conferees on the 
part of the House, Representatives Wicker, Mavretic, and Hunt of Cleveland to act 
with a like committee on the part of the Senate to the end that the differences existing 
between the two bodies may be adjusted. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 



June 28, 1988 



1988] SENATE JOURNAL 157 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 1304 House OF Representatives 

(Senate Committee Substitute) June 28, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate Comm. Sub. to H.B. No. 1304, A BILL TO 
BE ENTITLED AN ACT TO PROVIDE FOR THE CLEANUP OF ENVIRON- 
MENTAL DAMAGE CAUSED BY LEAKING PETROLEUM UNDERGROUND 
STORAGE TANKS, and requests conferees. The speaker has appointed Representa- 
tives Wicker, Nesbitt,and Cooper on the part of the House to confer with a like com- 
mittee appointed by the Senate to the end that the differences arising may be adjusted. 

Respectfully, 
, S/ Grace A. Collins 

-^ ^ Principal Clerk 

RECALL FROM ENROLLING 

H.B. 2369, a bill to correct Chapter 837 of the 1987 Session Laws, relating to 
limits on costs to be assessed for the support of the General Court of Justice in the 
administration of estates. 

Without objection, on motion of Senator Hipps, the bill is recalled from the Enroll- 
ing Clerk. 

The Chair declares the Senate in recess until 4:30 P.M. for the purpose of commit- 
tee meetings. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan III, Lieutenant Governor. 

Receiving no business for consideration, the Chair declares the Senate in recess until 
5:00 P.M. for the purpose of committee meetings. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan III, Lieutenant Governor. 



CONFEREES APPOINTED 

H.B. 1304 (Senate Committee Substitute), a bill to provide for the cleanup of envi- 
ronmental damage caused by leaking petroleum underground storage tanks. 

Senator Royall moves that the President do appoint conferees, which motion pre- 
vails. The President appoints Senators Plyler, Royall, and Winner as conferees on the 
part of the Senate and a message is ordered sent to the House of Representatives in- 
forming that Honorable Body of such action. 



June 28, 1988 



158 SENATE JOURNAL [Second Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 2641 (Committee Substitute), a bill to appropriate funds for the 1988-89 fis- 
cal year, received without engrossment, (for attached report, see Addendum) 
Referred to Appropriations Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place onlhe Calendar, as 
follows: 

By Senator Hardison for the Commerce Committee: 

H.B. 133 (Committee Substitute), a bill to provide that the same type of joint ac- 
counts and trusts accounts are available to customers of all financial institutions as 
recommended by the General Statutes Commission, with an unfavorable report as to 
Committee Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Hardison, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Hardison, the Senate Committee Substitute bill is placed on 
the Calendar for tomorrow for further consideration. 

By Senator Ezzell for the Local Government and Regional Affairs I Com- 
mittee: 

H.B. 2357, a bill to amend the Charter of the Town of Knightdale relating to drive- 
ways, site plan and subdivision approval, road or drainage project fees, and open 
space project fees, recreational fees, public safety project fees, with a favorable re- 
port, as amended. 

On motion of Senator Ezzell, the rules are suspended and the bill is placed before 
the Senate for immediate consideration, upon second reading. 

On his further motion Committee Amendments No. 1, No. 2 and No. 3 are 
adopted. 

Senator Marvin rises to a point of order as to the requirement for referral to the 
Finance Committee, by Senate Rules. The Chair sustains the point of order. 

Without objection, on motion of Senator Speed, the rules are suspended, to the end 
that the bill, as amended, is not required to be referred to the Finance Committee. 

The bill, as amended, passes its second reading by roll-call vote, ayes 38, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Cobb, Conder, 
Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Wake, Kaplan, Marvin, Parnell, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Swain, Taft, Tally, Thomas, Ward, Warren, and Winner— 38. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow for further 
consideration upon third reading. 

RECONSIDERATION 

H.B. 2369, a bill to correct Chapter 837 of the 1987 Session Laws, relating to 
limits on costs to be assessed for the support of the General Court of Justice in the 
administration of estates. 

The Enrolling Clerk returns the bill to the Senate and Senator Hipps moves that the 
vote by which the bill passed its third reading be reconsidered, which motion prevails. 



June 28, 1988 



1988] SENATE JOURNAL 159 

Senator Barnes offers Amendment No. 1 which is adopted (electronically re- 
corded). 

The bill, as amended, passes its third reading (electronically recorded) and is or- 
dered, without objection, sent to the House of Representatives by special messenger 
for concurrence in Senate Amendment No. 1. 



WITHDRAWAL FROM COMMITTEE 

S.B. 849 (Committee Substitute), a bill to amend the law regarding Social Services 
subrogation and disbursement. 

Without objection, on motion of Senator Harris, the rules are suspended and the 
Committee Substitute bill is taken from the Human Resources Committee and is 
placed before the Senate for immediate consideration. 

On motion of Senator Daniel, the Senate concurs in House Amendments No. 1, 
No. 2, and No. 3 (electronically recorded) and the Committee Substitute bill is or- 
dered enrolled. 

On motion of Senator Harrington, seconded by Senator Bryan, the Senate adjourns 
at 5:25 P.M. to meet tomorrow at 1:30 P.M. 



ONE HUNDRED FIFTY-FIFTH DAY 

. ■ ' , Senate Chamber, 

Wednesday, June 29, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, Thou art the Holy One Who hast two dwelling places: one in heaven, 
and the other in a thankful heart. 

"Accept now, our gratitude for life this day, for work to do that is worth the doing; 

"And let Your Abiding Friendship rest upon the members of this Senate, especially 
those who are retiring at the end of this term: Harold Hardison, 'Monk' Harrington, 
'Tony* Rand, and Robert Somers. 

"Keep them, and us, in the palm of Your Hand. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, June 28, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President grants a leave of absence for today to Senator Royall who is attending 
ceremonies in Chicago, Illinois, as his brother-in-law, Dr. James E. Davis, assumes 
the Presidency of the American Medical Association. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



June 29, 1988 



160 SENATE JOURNAL [Second Session 

S.B. 744, an act to change the composition of the North Carolina State Indian 
Housing Authority. (Ch. 1014) 

S.B. 1612, an act to update the reference to the Internal Revenue Code used to 
determine certain taxable income and tax exemptions. (Ch. 1015) 

S.B. 1616, an act to change the manner of election of the Caswell County Board of 
Commissioners and the Caswell County Board of Education so as to implement a fed- 
eral court order. (Ch. 1016) 

H.B. 1111 (Senate Committee Substitute), an act to require the registration of cer- 
tain makers of mortgage loans on residential real property. (Ch. 1017) 

H.B. 2188, an act to revise and consolidate the Charter of the City of Whiteville. 
(Ch. 1018) 

H.B. 2324, an act to limit height of structures in the Town of Holden Beach. (Ch. 
1019) 

H.B. 2623, an act to clarify the fees applicable to generators and transporters of 
hazardous waste, and to hazardous waste storage, treatment, and disposal facilities. 
(Ch. 1020) 

H.B. 2174, an act to allow the County of Catawba to impose facility fees. (Ch. 
1021) 

S.B. 849 (Committee Substitute), an act to amend the law regarding Social Serv- 
ices subrogation and disbursement. (Ch. 1022) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Rauch for the Finance Committee: 

H.B. 2430, a bill to provide that sales and use taxes shall be imposed on certain 
mail order sales, with a favorable report. 

On motion of Senator Rauch, the rules are suspended and the bill is placed at the 
end of today's Calendar for consideration, upon second reading. 

H.B. 2648, a bill to close loopholes that allow high-income taxpayers to claim the 
low-income tax credit and to increase the maximum fees that can be established by 
the Manufactured Housing Board and the Board of Pharmacy, with a favorable report. 

On motion of Senator Rauch, the rules are suspended and the bill is placed at the 
end of today's Calendar for consideration, upon second reading. 

H.B. 2651, a bill to correct the dates for phase-in of the modified system for ad- 
justing the assessment level of public service company system property, with a favor- 
able report, as amended. 

On motion of Senator Rauch, the rules are suspended and the bill is placed at the 
end of today's Calendar for consideration, upon second reading. 

Senator Cobb rises to a point of order as to whether the bills reported from the 
Finance Committee are roll-call measures and whether it is in order to place the 
bills on the Calendar for today for consideration. 

The Chair rules that the bills are roll-call measures and that the bills received their 
first reading when received from the House of Representatives and further rules that 
the motion to place the bills on today's Calendar, upon second reading, is in order. 



June 29, 1988 



1988] SENATE JOURNAL 161 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill, which is read the first time and disposed of as follows: 

S.B. 656, a bill to extend the expiration for the payment of just compensation by 
local authorities requiring the removal of billboards which are permitted under the pro- 
visions of Article 11 of Chapter 136 of the General Statutes, for concurrence in House 
Amendment No. 1 which is placed on the Calendar for tomorrow, June 30. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 2336, a bill to allow a procedure for the improvement of roads in certain 
counties and for the assessment of nonparticipating property owners. 

Senator Soles offers a motion to suspend the rules to the end that the bill not be 
required to be referred to the Finance Committee, and further moves that the bill 
be placed on the Calendar for tomorrow, upon second reading, which motions prevail. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 2357, a bill to amend the Charter of the Town of Knightdale relating to drive- 
ways, site plan and subdivision approval, road or drainage project fees, and open 
space project fees, recreational fees, public safety project fees, as amended, upon 
third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 41, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Conder, Ezzell, Hardison, Harrington, Harris, Hipps, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Plyler, Rand, Rauch, Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, tally, Walker, Ward, Warren, and Win- 
ner— 41. 

Voting in the negative: None. 

The bill, as amended, is ordered, without objection, sent to the House of Represen- 
tatives by special messenger for concurrence in Senate Amendments No. 1, No. 2, 
and No. 3. 

H.B. 2281, a bill to increase the maximum vehicle tax that can be levied in the 
City of Henderson from five dollars to ten dollars, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Conder, 
Ezzell, Hardison, Harris, Hipps, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Plyler, Rauch, Richardson, Sands, Seymour, Shaw, Sherron, - Simpson, Smith, 
Somers, Speed, Staton, Swain, Taft, Tally, Walker, Warren, and Winner— 37. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 2316, a bill to authorize Vance County to levy a room occupancy and tourism 
development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 



June 29, 1988 



162 SENATE JOURNAL [Second Session 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Cobb, 
Conder, Ezzell, Goldston, Hardison, Harris, Hipps, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, 
McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Sands, Seymour, Shaw, Sher- 
ron, Simpson, Smith, Somers, Speed, Staton, Swain, Taft, Tally, Walker, Ward, 
Warren, and Winner— 41. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 473, a bill to amend the Charlotte City Charter with respect to auxiliary police 
and fire officers. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2263, a bill to restore the mayor-council form of government in the Town of 
Landis. 

The bill passes its second and third readings and is ordered enrolled. 

WITHDRAWAL FROM CALENDAR 

S.B. 656, a bill to extend the expiration for the payment of just compensation by 
local authorities requiring the removal of billboards which are permitted under the pro- 
visions of Article 11 of Chapter 136 of the General Statutes, for concurrence in House 
Amendment No 1. 

On motion of Senator Goldston the rules are suspended and the bill is taken from 
the Calendar for tomorrow, June 30, and is placed on the Calendar for today, for 
immediate consideration. 

On motion of Senator Goldston, the Senate concurs in House Amendment No. 1 
(electronically recorded) and the bill is ordered enrolled. 

CALENDAR (Continued) 

H.B. 2171 (Committee Substitute), a bill to make technical amendments to the 
revenue laws, upon second reading. 

On motion of Senator Rauch, the Committee Amendments No. 1 and No. 2, held 
not to be material, are adopted. 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Cobb, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Rand, Rauch, Richardson, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, 
Swain, Taft, Tally, Walker, Ward, Warren, and Winner— 44. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow for further consideration upon third reading. 

H.B. 133 (Senate Committee Substitute), a bill to provide that the same type of 
joint accounts and trusts accounts are available to customers of all financial institu- 
tions as recommended by the General Statutes Commission. 

The Chair orders the Senate Committee Substitute bill temporarily displaced. 

H.B. 2429, a bill to provide an additional one thousand one hundred dollars in- 
come tax exemption for taxpayers and their dependents with transplanted organs or 
tissues. 

Senator Kaplan offers Amendment No. 1. 



June 29, 1988 



1988] SENATE JOURNAL 163 

The Chair orders the bill, with Amendment No. 1 pending, temporarily displaced. 

H.B. 2264, a bill to provide for the purchase of military service under the Legisla- 
tive Retirement System after the completion of five years of creditable service, with 
Amendment No. 1 pending, upon third reading. 

Senator Swain offers a motion that Amendment No. 1 do lie upon the table, sec- 
onded by Senator Walker, which motion prevails (electronically recorded). Amend- 
ment No. 1 lies upon the table. 

Senator Harris offers Amendment No. 2 which changes the title upon concurrence 
to read H.B. 2264, a bill to provide for the purchase of military service under the 
Retirement System after the completion of five years of creditable service. 

Senator Johnson of Wake rises to a point of order as to Amendment No. 2 being 
material. 

The Chair rules Amendment No. 2 is material and orders that an actuarial note be 
furnished. 

The bill, with Amendment No. 2 pending, is temporarily displaced. 

H.B. 2429, a bill to provide an additional one thousand one hundred dollars in- 
come tax exemption for taxpayers and their dependents with transplanted organs or 
tissues, displaced earlier, with Amendment No. 1 pending. 

Amendment No. 1 fails of adoption (electronically recorded). 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 2430, a bill to provide that sales and use taxes shall be imposed on certain 
mail order sales, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 38, noes 3, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin of Guilford, Marvin, 
McDuffie, Parnell, Plyler, Rauch, Richardson, Seymour, Shaw, Sherron, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas, Ward, and Winner— 38. 

Voting in the negative: Senators Barnes, Sands, and Smith— 3. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 2648, a bill to close loopholes that allow high-income taxpayers to claim the 
low-income tax credit and to increase the maximum fees that can be established by 
the Manufactured Housing Board and the Board of Pharmacy, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, 
Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Sands, Seymour, 
Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, and Winner— 44. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 2243, an act making sundry amendments concerning local governments in 
Orange and Chatham Counties— 2. (Ch. 1023) 



June 29, 1988 



164 SENATE JOURNAL [Second Session 

' CALENDAR (Continued) 

H.B. 2651, a bill to correct the dates for phase-in of the modified system for ad- 
justing the assessment level of public service company system property, upon second 
reading. 

On motion of Senator Rauch, Committee Amendment No. 1, held not to be mate- 
rial, is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 43, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Martin of Pitt, Martin of Guil- 
ford, Marvin, McDuffie, Parnell, Plyler, Rauch, Richardson, Sands, Seymour, 
Shaw, Sherron, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, 
Thomas, Ward, Warren, and Winner— 43. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow for further 
consideration upon third reading. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 1304 House OF Representatives 

(Senate Committee Substitute) June 29, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on Senate Committee Substitute for 
H.B. 1304 (Senate Committee Substitute), a bill to provide for the cleanup of envi- 
ronmental damage caused by leaking petroleum underground storage tank^ to the end 
that when a similar action has been taken on the part of the Senate, we will order the 
bill enrolled. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 



CONFERENCE REPORT 

H.B. 1304" 

(Senate Committee Substitute) 

Senator Plyler for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives on H.B. 1304 (Senate Committee 
Substitute) , a bill to provide for the cleanup of environmental damage caused by leak- 
ing petroleum underground storage tanks, submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Senate Committee Substitute for House Commit- 
tee Substitute for House Bill 1304 (Fifth Edition Engrossed), A BILL TO BE ENTI- 
TLED AN ACT TO PROVIDE FOR THE CLEANUP OF ENVIRONMENTAL 



June 29, 1988 



1988] SENATE JOURNAL 165 

DAMAGE CAUSED BY LEAKING PETROLEUM UNDERGROUND STORAGE 
TANKS, wish to report as follows: 

The House concurs in the Senate Committee Substitute with the following amend- 
ment: 

On page 18, line 20, delete the word "General" and substitute the word "Highway"; 
and the Senate agrees to the same. 

To this end, the Conferees recommend that the Senate and House of Representa- 
tives adopt the foregoing report. 

This the 28th day of June, 1988. 

^ S/Aaron W. Plyler S/Dennis Wicker 

S/Dennis Winner S/Roy A. Cooper III 

' S/Kenneth Royall, Jr. S/Martin Nesbitt 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Plyler, the Conference Report is adopted (electronically re- 
corded) , and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Plyler for the Appropriations Committee: 

H.B. 2641 (Committee Substitute), a bill to appropriate funds for the 1988-89 fis- 
cal year, with an unfavorable report as to Committee Substitute bill, but favorable as 
to Senate Committee Substitute bill with Amendments No. 1, No. 2, No. 3, No. 4, 
No. 5, No. 6, and No. 7 attached. 

On motion of Senator Plyler, the rules are suspended and the Senate Committee 
Substitute bill, with Amendments No. 1, No. 2, No. 3, No. 4, No. 5, No. 6, and 
No. 7, is placed before the Senate for immediate consideration. 

On motion of Senator Plyler the Committee Substitute bill with Amendments No. 1, 
No. 2, No. 3, No. 4, No. 5, No. 6, and No. 7 is adopted. 

Senator Cobb rises to a point of order as to the Report to the Senate Appropriations 
Committee on Capital Improvements and Non-Recurring Items constituting a part of 
the Senate Committee Substitute bill and open to amendment. The Chair rules the 
Report is incorporated in the Senate Committee Substitute bill by reference, pursuant 
to Section 167, and amendments to the Report should be directed to the page and line 
number of that Section of the Senate Committee Substitute bill. (See Addendum) 

Without objection, on motion of Senator Plyler, the rules are suspended, to allow 
members of the Fiscal Research staff to remain on the floor for the purpose of assisting 
with the explanation of the Senate Committee Substitute bill. 

Without objection, on motion of Senator Plyler, the Senate Committee Substitute 
bill remains before the Senate for further consideration. 

Without objection, on motion of Senator Goldston, the Senate dispenses with the 
explanation of the Senate Committee Substitute bill. 

Senator Rand offers Amendment No. 8 which is adopted (electronically recorded). 

Senator Thomas offers Amendment No. 9 which is adopted (electronically re- 
corded). 

Senator Marvin offers Amendment No. 10 which is adopted (electronically re- 
corded). 



June 29, 1988 



166 



SENATE JOURNAL 



[Second Session 



Senator Taft offers Amendment No. 11 which is adopted (electronically recorded). 

Senator Cobb offers Amendment No. 12 which is adopted (electronically recorded). 

Senator Rand offers Amendment No. 13 which is adopted (electronically recorded). 

Senator Parnell offers Amendment No. 14 which is adopted (electronically re- 
corded). 

Senator Sands offers Amendment No. 15 which is adopted (electronically re- 
corded). 

Senator Simpson offers Amendment No. 16. Senator Plyler rises to a point of order 
as to whether the amendment is germane. The Chair rules the amendment is germane 
and is properly before the Senate. Amendment No. 16 fails of adoption (electronically 
recorded). 

Senator Cobb offers Amendment No. 17 which is adopted (electronically recorded). 

Senator Barker offers Amendment No. 18 which is adopted (electronically re- 
corded). 

Senator Richardson offers Amendment No. 19 which is adopted (electronically re- 
corded). 

Plyler offers Amendment No. 20 which is adopted 



Plyler 
Hipps 
Plyler 



offers Amendment No. 21 which is 



offers Amendment No. 22 which is 



offers Amendment No. 23 which is 



adopted 
adopted 
adopted 



(electronically 
(electronically 
(electronically 
(electronically 



The call is 



Senator 
corded). 

Senator 
corded). 

Senator 
corded). 

Senator 
corded). 

Senator Plyler calls the previous question, seconded by Senator Kaplan, 
sustained. 

The Senate Committee Substitute bill, as amended, passes its second reading (elec- 
tronically recorded). 

Without objection, on motion of Senator Winner, the Senate Committee Substitute 
bill remains before the Senate for further consideration upon third reading. 

Senator Winner offers Amendment No. 24 which is adopted (electronically re- 
corded). 

Senator Martin of Pitt offers Amendment No. 25 which is adopted (electronically 
recorded). 

Senator Plyler calls the previous question, seconded by Senator Kaplan. The call is 
sustained. The Senate Committee Substitute bill, as amended, passes its third reading 
(electronically recorded) and the bill is ordered, without objection, sent to the House 
of Representatives by special messenger, without engrossment, for concurrence in the 
Senate Committee Substitute bill, as amended. 

S. B. 1559, a bill to provide for the urgent needs of older adults, to begin building an 
-home and community-based system of services for older adults, and to appropriate 
; necessary funds, with a favorable report. 



m-home and community-based system of ser 
the necessary funds, with a favorable report. 



S.B. 1704, a bill to address the nursing emergency which is faced by North Caro- 
lina, with a favorable report. 

H.B. 85, a bill to allow a refund from the Teachers' and State Employees' Retire- 
ment System and Local Governmental Employees' Retirement System of certain ex- 
cess contributions to members in retirement, as amended by the Pensions and Re- 
tirement Committee, with a favorable report. 

H.B. 300 (Committee Substitute), a bill to provide matching funds to rural volun- 
teer rescue squads, as amended by the Insurance Committee, with a favorable 
report. 



June 29, 1988 



1988] SENATE JOURNAL 167 

H.B. 2427, a bill to authorize the issuance of not in excess of twenty-five million 
dollars bonds of the State to provide funds, with other available funds, for the con- 
struction, in phases if desirable, of parking garages in downtown Raleigh, such 
authorized bonds to be issued without an election during the biennium ended June 30, 
1989, in an amount not in excess of such authorized amount and not in excess of 
two-thirds of the amount by which the State's outstanding indebtedness shall have 
been reduced during the 1985-87 Biennium, with a favorable report. 

S.B. 1298, a bill to provide State and local government law enforcement officers 
retired prior to August, 1981, with additional post-retirement increases to supplement 
any other such increases for retired employees and their beneficiaries provided by the 
General Assembly beginning July 1, 1987, as amended by the Pensions and Re- 
tirement Committee, with a favorable report, as amended. 

S.B. 1299, a bill to remove reemployment earnings restrictions on retired disabled 
law enforcement officers and on retired University employees exempt from the State 
Personnel Act, with a favorable report, as amended. 

S.B. 1573, a bill to create the North Carolina Solid Waste Management Revolving 
Loan Program, as amended by the Finance Committee, with a favorable report, as 
amended. 

S.B. 1620, a bill to require actuarial notes for changes in health, disability, and 
related benefits for teachers and State employees, with a favorable report, as 
amended. 

H.B. 2462, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the Uni- 
versity of North Carolina, with a favorable report, as amended. 

H.B. 274 (Committee Substitute), a bill providing a funding formula and a selec- 
tion process for the inclusion of works of art in State buildings, with an unfavorable 
report as to Committee Substitute bill, but favorable as to Senate Committee Substitute 
bill. 

On motion of Senator Plyler, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Plyler, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow for further consideration. 

H.B. 1293 (Committee Substitute), a bill to require that checks on all new check- 
ing accounts at banks indicate the month and year in which the account was opened, 
with an unfavorable report as to Committee Substitute bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Plyler, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title to read H.B. 1293 (Senate Committee Substi- 
tute), a bill to clarify legislative intent regarding the renewal of superintendents' con- 
tracts, is placed before the Senate for immediate consideration. 

On motion of Senator Plyler, the Senate Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for tomorrow for further consideration. 

CALENDAR (Continued) 

H.B. 133 (Senate Committee Substitute), a bill to provide that the same type of 
joint accounts and trusts accounts are available to customers of all financial institu- 
tions as recommended by the General Statutes Commission, displaced earlier. 

The Chair rules that the Senate Committee Substitute bill is not a roll-call measure. 



June 29, 1988 



168 SENATE JOURNAL [Second Session 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered, without objection, sent to the House of Representatives 
by special messenger for concurrence in the Senate Committee Substitute bill. 

H.B. 2264, a bill to provide for the purchase of military service under the Legisla- 
tive Retirement System after the completion of five years of creditable service. 

Senator Swain offers a motion to the end that further consideration of the bill with 
Amendment No. 2 pending, displaced earlier, be postponed until tomorrow, June 30. 

Without objection, Senator Harris subsequently withdraws Amendment No. 2. 

The motion of Senator Swain prevails and the Chair orders the bill placed on the 
Calendar for tomorrow, June 30. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 1837, a bill to make permanent an act permitting grand juries to investigate 
drug trafficking, and concerning criminal contempt and immunity, for concurrence in 
House Amendment No. 1, which changes the title upon concurrence to read S.B. 
1837, a bill to extend an act permitting grand juries to investigate drug trafficking, and 
concerning criminal contempt and immunity, which is placed on the Calendar for to- 
morrow, June 30, for consideration. 

H.B. 1288 (Committee Substitute), a bill to repeal an obsolete law, to make tech- 
nical changes to the Revenue Act, to modify the law regarding privilege licenses for 
certain employment agencies, to modify the standards for issuing licenses for refrigera- 
tion contractors, and to make clarifying and technical amendments to various laws 
relating to low-level radioactive waste and hazardous waste 

Referred to Finance Committee. 

H.B. 519 (Committee Substitute), a bill to appropriate funds for improvement of 
feed, forage and fertilizer testing. 

Referred to Agriculture Committee. 

H.B. 2650, a bill to establish the requirements of eligibility for interment in a State 
veterans cemetery. 

Senator Swain offers a motion to suspend the rules to the end that the bill not be 
required to be referred to the Finance Committee and further moves that the bill be 
placed on the Calendar for tomorrow, June 30, for consideration, which motions pre- 
vail without objection. 

H.B. 364 (Committee Substitute), a bill to simplify and expedite the process for 
reviewing decisions regarding exceptional children and to provide for mediation of dis- 
agreements. 

Referred to Education Committee. 

H.B. 2397, a bill to reduce the minimum years of service required for membership 
in the Legislative Retirement System. 

Referred to Pensions and Retirement Committee. 

H.B. 2390, a bill to provide that the inventory tax reimbursement calculation for 
Wake Forest shall include the value of manufacturers' inventories located in an area 
that was the subject of litigation challenging its annexation at the time the tax on 
inventories was repealed. 

Referred to Appropriations Committee. 

H.B. 2654, a bill to exempt motorized wheelchairs from the definition of "vehicle" 
in Chapter 20 of the General Statutes. 

Referred to Transportation Committee. 



June 29, 1988 



1988] SENATE JOURNAL 169 

On motion of Senator Harrington, seconded by Senator Shaw, the Senate adjourns 
at 4:30 P.M. to meet tomorrow at 1:30 P.M. 



ONE HUNDRED FIFTY-SIXTH DAY 

Senate Chamber, 
Thursday, June 30, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, we bow to acknowledge that we are deeply in debt — and what we owe, 
cannot be paid back with money. 

"We are indebted to the one in whose blood we were birthed and at whose knee we 
first learned of Thee; indebted to teachers, coaches, professors and friends who have 
shared generously with us those things which are steadfast and sure; indebted to family 
members who know us well and love us best; whose company we have sometimes 
neglected in order to serve the public; indebted to those who elected us; and those who 
stand in need of the goods and services of which we are the custodians. 

"Most of all, we acknowledge our unpayable debt to Thee, O Lord; therefore com- 
mand what Thou wilt, then grant what Thou commandest. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, June 29, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President grants a leave of absence to Senator Johnson of Cabarrus. (Senator 
Johnson of Cabarrus is noted present for a portion of today's session.) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Tally for the Natural and Economic Resources and Wildlife 
Committee: 

H.B. 2269, a bill to establish a no-wake speed zone in Brunswick County, with a 
favorable report. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 578, a bill to ensure that the recipient of a CON follow the projections of its 
application. 

Referred to Human Resources Committee. 

H.B. 1144, a bill to amend the law relating to penalties for violation of the revenue 
laws. 

Referred to Finance Committee. 



June 30, 1988 



170 SENATE JOURNAL [Second Session 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 2281, a bill to increase the maximum vehicle tax that can be levied in the 
City of Henderson from five dollars to ten dollars, upon third reading. 

On motion of Senator Rauch, further consideration of the bill is postponed until 
tomorrow, July 1. 

H.B. 2316, a bill to authorize Vance County to levy a room occupancy and tourism 
development tax, upon third reading. 

On motion of Senator Rauch, further consideration of the bill is postponed until 
tomorrow, July 1. 

H.B. 2336, a bill to allow a procedure for the improvement of roads in certain 
counties and for the assessment of nonparticipating property owners, upon second 
reading. 

The bill passes its second reading by roll-call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Basnight, Block, Bryan, Cobb, Con- 
der, Daniel, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, Hunt of 
Moore, Kaplan, Martin of Pitt, Marvin, McDuffie, Parnell, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Staton, Swain, Tally, Thomas, Walker, Ward, Warren, and Winner— 38. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2171 (Committee Substitute), a bill to make technical amendments to the 
revenue laws, as amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, Marvin, McDuffie, Par- 
nell, Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Soles, Staton, Swain, Tally, Walker, Ward, Warren, and Win- 
ner — 40. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered, without objection, sent to 
the House of Representatives by special messenger for concurrence in Senate Amend- 
ments No. 1 and No. 2. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Hunt of Durham for the Pensions and Retirement Committee: 

H.B. 2397, a bill to reduce the minimum years of service required for membership 
in the Legislative Retirement System, with a favorable report. 

On motion of Senator Hunt of Durham, the bill is re-referred to the Appropria- 
tions Committee. 

H.B. 2467, a bill to cover county fire marshals and emergency service coordinators 
under the Law Enforcement Officers', Fireman's, Rescue Squad Workers', and Civil 
Air Patrol Members' Death Benefits Act, with a favorable report. 



June 30, 1988 



1988] SENATE JOURNAL 171 

CALENDAR (Continued) 

H.B. 2430, a bill to provide that sales and use taxes shall be imposed on certain 
mail order sales, upon third reading. 

Without objection, on motion of Senator Guy, the bill is ordered temporarily dis- 
placed. 

H.B. 2648, a bill to close loopholes that allow high-income taxpayers to claim the 
low-income tax credit and to increase the maximum fees that can be established by 
the Manufactured Housing Board and the Board of Pharmacy, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Goldston, Hardison, Harrington, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, Marvin, McDuffie, 
Parnell, Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Soles, Staton, Swain, Tally, Thomas, Walker, Ward, Warren, and 
Winner — 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2651, a bill to correct the dates for phase-in of the modified system for ad- 
justing the assessment level of public service company system property, as amended, 
upon third reading. 

Senator Thomas offers Amendment No. 2 which changes the title upon concurrence 
to read, H.B. 2651, a bill to correct the dates for phase-in of the modified system for 
adjusting the assessment level of public service company system property and to 
authorize the Utilities Commission to regulate location and construction of high voltage 
transmission lines, which he subsequently withdraws. 

The bill, as amended, passes its third reading by roll-call vote, ayes 43, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Cobb, Conder, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, 
Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Staton, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner— 43. 

Voting in the negative: None. 

The bill, as amended, is ordered, without objection, sent to the House of Represen- 
tatives by special messenger for concurrence in Senate Amendment No. 1. 

S.B. 1573, a bill to create the North Carolina Solid Waste Management Revolving 
Loan Program, as amended, upon second reading. 

On motion of Senator Plyler, Committee Amendment No. 3 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 45, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes,. Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, Martin 
of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, 
Taft, Tally, Walker, Ward, Warren, and Winner— 45. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow for further 
consideration, upon third reading. 



June 30, 1988 



172 SENATE JOURNAL [Second Session 

H.B. 300 (Committee Substitute), a bill to provide matching funds to rural volun- 
teer rescue squads, as amended, upon second reading. 

Senator Basnight offers Amendment No. 2 which is adopted (electronically re- 
corded). 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, Martin 
of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Swain, Taft, Tally, 
Thomas, Walker, Ward, Warren, and Winner— 45. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow for further consideration, upon third reading. 

H.B. 2427, a bill to authorize the issuance of not in excess of twenty-five million 
dollars bonds of the State to provide funds, with other available funds, for the con- 
struction, in phases if desirable, of parking garages in downtown Raleigh, such 
authorized bonds to be issued without an election during the biennium ended June 30, 
1989, in an amount not in excess of such authorized amount and not in excess of 
two-thirds of the amount by which the State's outstanding indebtedness shall have 
been reduced during the 1985-87 Biennium, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hunt of 
Durham, Hunt of Moore, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, 
McDuffie, Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sher- 
ron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, 
Ward, Warren, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

H.B. 2462, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the Uni- 
versity of North Carolina, upon second reading. 

On motion of Senator Plyler, Committee Amendment No. 1 is adopted. 

Senator Rauch rises to a point of order as to whether the bill is required to go to the 
Finance Committee. 

The Chair sustains the point of order and re-refers the bill to the Finance Com- 
mittee. 

S.B. 1559, a bill to provide for the urgent needs of older adults, to begin building an 
in-home and community-based system of services for older adults, and to appropriate 
the necessary funds. 

Without objection, on motion of Senator Richardson, the bill is recommitted to the 
Appropriations Committee. 

S.B. 1298, a bill to provide State and local government law enforcement officers 
retired prior to August, 1981, with additional post-retirement increases to supplement 
any other such increases for retired employees and their beneficiaries provided by the 
General Assembly beginning July 1, 1987, as amended. 

On motion of Senator Plyler, Committee Amendment No. 3, which changes the title 
to read, S.B. 1298, a bill to provide State and local government law enforcement 
officers retired prior to August, 1981, with additional post-retirement increases to sup- 
plement any other such increases for retired employees and their beneficiaries provided 
by the General Assembly beginning July 1, 1988, is adopted. 



June 30, 1988 



1988] SENATE JOURNAL 173 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger, without engrossment of Amendment No. 3. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 656, an act to extend the expiration for the payment of just compensation by 
local authorities requiring the removal of billboards which are permitted under the pro- 
visions of Article 11 of Chapter 136 of the General Statutes. (Ch. 1024) 

H.B. 331 (Senate Committee Substitute), an act to provide a governance structure 
for the Department of Public Education. (Ch. 1025) 

H.B. 473, an act to amend the Charlotte City Charter with respect to auxiliary 
police and fire officers. (Ch. 1026) 

H.B. 657 (Senate Committee Substitute), an act to modify the provisions of G.S. 
159-64 as applied to bonds authorized during the calendar year 1981 extending the 
time within which such bonds may be issued. (Ch. 1027) 

H.B. 858 (Senate Committee Substitute), an act to prohibit withdrawal of candi- 
dacy after filing deadline and to address other campaign and election matters. (Ch. 
1028) 

H.B. 2263, an act to restore the mayor-council form of government in the Town of 
Landis. (Ch. 1029) 

H.B. 2290, an act to extend the time during which the Cherokee and Haywood 
Boards of Equalization and Review may sit. (Ch. 1030) 

H.B. 2369, an act to correct Chapter 837 of the 1987 Session Laws, relating to 
limits on costs to be assessed for the support of the General Court of Justice in the 
administration of estates. (Ch. 1031) 

H.B. 2429, an act to provide an additional one thousand one hundred dollars in- 
come tax exemption for taxpayers and their dependents with transplanted organs or 
tissues. (Ch. 1032) 

S.B. 1606, an act to amend Chapter 926 of the 1947 Session Laws, as rewritten by 
Chapter 506, 1987 Session Laws, regarding the Charlotte Firefighters' Retirement 
System. (Ch. 1033) 

H.B. 406 (Committee Substitute No. 2), an act to amend the seed law and to 
appropriate funds to improve the seed testing program of the Department of Agricul- 
ture. (Ch. 1034) 

H.B. 1304 (Senate Committee Substitute), an act to provide for the cleanup of 
environmental damage caused by leaking petroleum underground storage tanks. (Ch. 
1035) 

CALENDAR (Continued) 

S.B. 1299, a bill to remove reemployment earnings restrictions on retired disabled 
law enforcement officers and on retired University employees exempt from the State 
Personnel Act. 

On motion of Senator Plyler, Committee Amendment No. 1 is adopted. 



June 30, 1988 



174 . SENATE JOURNAL [Second Session 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered engrossed and sent to the House of Representatives by special messen- 
ger. 

S.B. 1620, a bill to require actuarial notes for changes in health, disability, and 
related benefits for teachers and State employees. 

On motion of Senator Plyler, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger, without engrossment. 

S.B. 1704, a bill to address the nursing emergency which is faced by North Caro- 
lina. 

On motion of Senator Ward, consideration of the bill is postponed until tomorrow, 
July 1. 

H.B. 85, a bill to allow a refund from the Teachers' and State Employees' Retire- 
ment System and Lx)cal Governmental Employees' Retirement System of certain ex- 
cess contributions to members in retirement, as amended. 

The bill, as amended, passes its second reading (electronically recorded). 

Without objection, on motion of Senator Rauch, the bill, as amended, is ordered 
temporarily displaced. 

H.B. 274 (Senate Committee Substitute), a bill providing a funding formula and a 
selection process for the inclusion of works of art in State buildings. 

Without objection, on motion of Senator Barnes, the Senate Committee Substitute 
bill is ordered temporarily displaced. 

H.B. 1293 (Senate Committee Substitute), a bill to clarify legislative intent regard- 
ing the renewal of superintendents' contracts. 

Without objection. Senator Simpson offers a motion to temporarily displace the 
Committee Substitute bill. 

Senator Shaw rises to a point of order as to whether the Senate Committee Substitute 
bill is germane to the bill. The Chair takes the point of order under advisement. 

On motion of Senator Harris, the Senate Committee Substitute bill is removed from 
the Calendar of today and recommitted to the Appropriations Committee. 

H.B. 2650, a bill to establish the requirements of eligibility for interment in a State 
veterans cemetery. 

Senator Harris offers Amendment No. 1. 

Without objection, on motion of Senator Swain, the bill with pending Amendment 
No. 1, is ordered temporarily displaced. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Kaplan for the Election Laws Committee: 

H.B. 1124 (Committee Substitute No. 2), a bill to limit campaign expenditures and 
to strengthen public financing of political campaigns, with an unfavorable report as to 
Committee Substitute No. 2, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Kaplan, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 



June 30, 1988 



1988] SENATE JOURNAL 175 

On motion of Senator Kaplan, the Senate Committee Substitute bill is adopted. 
On motion of Senator Kaplan, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow for further consideration. 

CALENDAR (Continued) 

H.B. 274 (Senate Committee Substitute), a bill providing a funding formula and a 
selection process for the inclusion of works of art in State buildings, displaced earlier. 

Senator Barnes offers Amendment No. 1 which is adopted (electronically re- 
corded). 

Senator Cobb offers Amendment No. 2 which is adopted (electronically recorded). 

After lengthy debate. Senator Seymour calls the previous question, seconded by 
Senator Barnes. The call is sustained. 

The Senate Committee Substitute bill, as amended, passes its second reading (elec- 
tronically recorded). 

Senator Royall offers Amendment No. 3 which is adopted (electronically recorded). 

Senator Bryan offers Amendment No. 4 which fails of adoption (electronically re- 
corded). 

Senator Seymour calls the previous question. The call is not sustained for lack of a 
second. 

With no further debate, the Senate Committee Substitute bill, as amended, passes 
its third reading (electronically recorded) and is ordered, without objection, engrossed 
and sent to the House of Representatives by special messenger for concurrence in the 
Senate Committee Substitute bill. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 288 House OF Representatives 

(Senate Committee Substitute) ^ June 30, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate Com. Sub. to House B. No. 288, A BILL TO 
BE ENTITLED AN ACT REGARDING MODIFYING THE PENALTY FOR FAIL- 
URE TO LIST A MOTOR VEHICLE FOR PROPERTY TAXES AND AMENDING 
THE NORTH CAROLINA MOTOR VEHICLE SALVAGE TITLE LAW and request 
conferees. The Speaker has appointed Representatives Bumgardner, Mavretic, 
Wright, McAlister, Hackney on the part of the House to confer with a like committee 
appointed by the Senate to the end that the differences arising may be adjusted. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

Senator Plyler offers a motion that the President appoint conferees, which motion 
prevails. 

The President appoints Senators Warren, Goldston, Hunt of Durham, Johnson of 
Cabarrus, and Swain as conferees on the part of the Senate and a message is ordered 
sent to the House of Representatives informing that Honorable Body of such action. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 



June 30, 1988 



176 . SENATE JOURNAL [Second Session 

H.B. 2364, a bill to amend the Charter of the Town of Wrightsville Beach to pro- 
vide for the adoption of ordinances by initiative and referendum. 

Referred to Local Government and Regional Affairs I Committee. 

H.B. 2652, a bill to amend the laws regarding various service purchases at full cost 
in the Teachers' and State Employees' Retirement System and in the Local Govern- 
mental Employees' Retirement System, after the completion of five years of creditable 
service. 

Referred to Pensions and Retirement Committee. 



WITHDRAWAL FROM CALENDAR 

H.B. 1124 (Senate Committee Substitute), a bill to limit campaign expenditures 
and to strengthen public financing of political campaigns. 

On motion of Senator Kaplan the Senate Committee Substitute bill is taken from the 
Calendar for July 1, and is placed at the end of the Calendar for today. 

The Chair declares the Senate in recess until 4:00 P.M. for the purpose of commit- 
tee meetings. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan III, Lieutenant Governor. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 859, (Committee Substitute), a bill to extend certain expiring budget provi- 
sions. 

On motion of Senator Plyler, the rules are suspended, and the Committee Substitute 
bill, with House Amendments No. 1 and No. 2 not engrossed, is placed before the 
Senate for immediate consideration. 

The Chair orders the Committee Substitute bill temporarily displaced. 

CALENDAR (Continued) 

H.B. 2264, a bill to provide for the purchase of military service under the Legisla- 
tive Retirement System after the completion of five years of creditable service, upon 
third reading. 

Senator Harris offers Amendment No. 3 which is adopted (electronically recorded). 

The bill, as amended, passes its third reading (electronically recorded) and is or- 
dered, without objection, sent to the House of Representatives by. special messenger 
for concurrence in Senate Amendment No. 3. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 



June 30, 1988 



1988] SENATE JOURNAL 177 

By Senator Rauch for the Finance Committee: 

H.B. 2462, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the Uni- 
versity of North Carolina, with a favorable report. 

On motion of Senator Rauch, the rules are suspended and the bill is placed before 
the Senate for immediate consideration, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, 
McDuffie, Parnell, Plyler, Rand, Rauch, Royall, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Staton, Swain, Tally, Thomas, Walker, Warren, and 
Winner— 42. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

CALENDAR (Continued) 

H.B. 859 (Committee Substitute), a bill to extend certain expiring budget provi- 
sions, displaced earlier. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Speed for the Agriculture Committee: 

H.B. 519 (Committee Substitute), a bill to appropriate funds for improvement of 
feed, forage and fertilizer testing, with a favorable report. 

CALENDAR (Continued) 

S.B. 1837, a bill to make permanent an act permitting grand juries to investigate 
drug trafficking, and concerning criminal contempt and immunity, for concurrence in 
House Amendment No. 1, which changes title upon concurrence. 

The Chair orders the bill temporarily displaced. 

H.B. 2650, a bill to establish the requirements of eligibility for interment in a State 
veterans cemetery, with pending Amendment No. 1, temporarily displaced earlier. 

Amendment No. 1 is adopted (electronically recorded). 

Senator Swain offers Amendment No. 2 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded). and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger for concurrence in Senate Amendments No. 1 and No. 2. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 



June 30, 1988 



178 - SENATE JOURNAL [Second Session 

By Senator Plyler for the Appropriations Committee: 

S.B. 1841, a bill to appropriate funds for the renovations of the highway patrol 
stations in Robeson County and Gaston County, with a favorable report. 

H.B. 2390, a bill to provide that the inventory tax reimbursement calculation for 
Wake Forest shall include the value of manufacturers' inventories located in an area 
that was the subject of litigation challenging its annexation at the time the tax on 
inventories was repealed, with a favorable report. 

On motion of Senator Plyler, the bill is re-referred to the Finance Committee. 

H.B. 1133 (Senate Committee Substitute), a bill to strengthen the preference to be 
accorded veterans for State employment when the State employment is within the pur- 
view of Chapter 126 of the General Statutes, with an unfavorable report as to Senate 
Committee Substitute bill, but favorable as to Senate Committee Substitute bill No. 2. 

On motion of Senator Plyler, the rules are suspended and the Senate Committee 
Substitute bill No. 2 which changes the title to read, H.B. 1133 (Senate Committee 
Substitute bill No. 2), a bill to be entitled an act to strengthen the preference to be 
accorded veterans for State employment, is placed before the Senate for immediate 
consideration. 

On motion of Senator Plyler, Senate Committee Substitute bill No. 2 is adopted, 
and on his further motion is placed on the Calendar for today as the last order of 
business, for further consideration. 

CALENDAR (Continued) 

S.B. 1837, a bill to make permanent an act permitting grand juries to investigate 
drug trafficking, and concerning criminal contempt and immunity, displaced earlier, 
for concurrence in House Amendment No. 1. 

On motion of Senator Rand, the Senate concurs (electronically recorded) in House 
Amendment No. 1, which changes the title to read, H.B. 1837, a bill to extend an 
act permitting grand juries to investigate drug trafficking, and concerning criminal 
contempt and immunity and the bill is ordered enrolled. 

H.B. 2430, a bill to provide that sales and use taxes shall be imposed on certain 
mail order sales, upon third reading, displaced earlier. 

Senator Kaplan is excused from voting for the stated reason: "Conflict of interest". 

Senator Guy offers Amendment No. 1, which changes the title upon concurrence to 
read, H.B. 2430, a bill to provide that sales and use taxes shall be imposed on certain 
mail order sales and to allow a three percent discount to merchants for collecting State 
sales and use taxes. Amendment No. 1 is adopted (electronically recorded). Senator 
Swain rises to a point of order as to whether Amendment No. 1 is material. Amend- 
ment No. 1 is held not to be material. 

The bill, as amended, passes its third reading by roll-call vote, ayes 40, noes 4, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Con- 
der, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Cabarrus, Martin of Pitt, Martin of Guilford, 
Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Seymour, 
Sherron, Simpson, Soles, Speed, Staton, Swain, Taft, Tally, Thomas, Ward, War- 
ren, and Winner— 40. 

Voting in the negative: Senators Cobb, Sands, Smith, and Walker — 4. 

The bill, as amended, is ordered, without objection sent to the House of Represen- 
tatives by special messenger for concurrence in Senate Amendment No. 1. 

H.B. 1124 (Senate Committee Substitute), a bill to limit campaign expenditures 
and to strengthen public financing of political campaigns. 

Senator Sands offers Amendment No. 1 which is adopted (electronically recorded). 



June 30, 1988 



1988] SENATE JOURNAL 179 

The Senate Committee Substitute bill, as amended, passes its second (electronically 
recorded) and third readings and is ordered engrossed and sent to the House of Repre- 
sentatives by special messenger. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 859, an act to extend certain expiring budget provisions. (Ch. 1036) 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Plyler for the Appropriations Committee: 

S.B. 1559, a bill to provide for the urgent needs of older adults, to begin building an 
in-home and community-based system of services for older adults, and to appropriate 
the necessary funds, with an unfavorable report as to bill, but favorable as to Commit- 
tee Substitute bill. 

On motion of Senator Plyler, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Plyler, the Committee Substitute bill is placed on the Calendar 
for tomorrow for further consideration. 

S.B. 1676, a bill to appropriate funds for the Administrative Rules Review Commis- 
sion, to clarify the Commission's status as an independent agency, and to extend the 
review of certain existing rules, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill with changes the title to read, S.B. 1676 (Committee 
Substitute) , a bill to appropriate funds for the Administrative Rules Review Commis- 
sion, to clarify the Commission's status as an independent agency, to extend the re- 
view of certain existing rules, to repeal certain occupational safety and health stan- 
dards that differ from the federal standards, and to revise the procedural requirements 
for adoption of certain occupational safety and health standards and the hearing proc- 
ess for appeals of certain occupational safety and health citations and penalties. 

On motion of Senator Plyler, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Plyler, the Committee Substitute bill is placed on the Calendar 
for tomorrow for further consideration. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 2628, a bill to appoint persons to various public offices upon the recommen- 
dation of the Speaker of the House of Representatives, without engrossment. 
Referred to Rules and Operation of the Senate Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



June 30, 1988 



180 * SENATE JOURNAL [Second Session 

H.B. 2389 (Committee Substitute) House OF Representatives 

June 30, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate amendment to House C. S. B. No. 2389, A 
BILL TO BE ENTITLED AN ACT TO PROVIDE FOR SPECIAL TAX TREAT- 
MENT OF SUBCHAPTER S CORPORATIONS and requests conferees. The 
Speaker has appointed Representatives Hall, Mothershead, and Lineberry on the part 
of the House to confer with a like committee appointed by the Senate to the end that 
the differences arising may be adjusted. 

Respectfully, 
S/Grace a. Collins 
Principal Clerk 

Senator Rauch moves that the President appoint conferees, which motion prevails. 

The President appoints Senators Winner, Goldston, and Soles as conferees on the 
part of the Senate and a message is ordered sent to the House of Representatives in- 
forming that Honorable Body of such action. 

CALENDAR (Continued) 

H.B. 1133 (Senate Committee Substitute No. 2), a bill to strengthen the preference 
to be accorded veterans for State employment. 

The Senate Committee Substitute bill No. 2 passes its second (electronically re- 
corded) and third readings and is ordered, without objection, sent to the House of 
Representatives by special messenger for concurrence in the Senate Committee Substi- 
tute bill No. 2. 

H.B. 85, a bill to allow a refund from the Teachers' and State Employees' Retire- 
ment System and Local Governmental Employees' Retirement System of certain ex- 
cess contributions to members in retirement, as amended, upon third reading, dis- 
placed earlier. 

The bill, as amended, passes its third reading and is ordered, without objection, 
sent to the House of Representatives by special messenger for concurrence in Senate 
Amendments No. 1 and No. 2. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 2655, a bill to reenact Section 1 of Chapter 446, Session Laws of 1987, pro- 
hibiting certain investments in certain companies involved in South Africa which was 
inadvertently repealed by Section 5 of Chapter 751, Session Laws of 1987, a rewrite of 
the investment powers of the State Treasurer. 

Referred to Pensions and Retirement Committee. 

H.B. 2517, a bill to permit an allocation for implementation of the second phase of 
the Precinct Boundary Program being conducted in conjunction with the U.S. Census 
Bureau and to make amendments thereto. 

Referred to Appropriations Committee. 

WITHDRAWAL FROM CALENDAR 

S.B. 1676, (Committee Substitute), a bill to appropriate funds for the Administra- 
tive Rules Review Commission, to clarify the Commission's status as an independent 



June 30, 1988 



1988] SENATE JOURNAL 181 

agency, to extend the review of certain existing rules, to repeal certain occupational 
safety and health standards that differ from the federal standards, and to revise the 
procedural requirements for adoption of certain occupational safety and health stan- 
dards and the hearing process for appeals of certain occupational safety and health 
citations and penalties. 

On motion of Senator Plyler the rules are suspended and the Committee Substitute 
bill is taken from the Calendar for Friday, July 1, and is placed on the Calendar for 
today, for immediate consideration. 

Senator Hipps offers Amendment No. 1 which is adopted (electronically recorded). 

Senator Rand offers Amendment No. 2 which is adopted (electronically recorded). 

The Committee Substitute bill, as amended, passes its second (electronically re- 
corded) and third readings and is ordered, without objection, sent to the House of 
Representatives by special messenger, without engrossment. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 2287, a bill to broaden coverage under the State Scholarship Program for 
children of war veterans and establish entitlement termination dates. 
Referred to Veterans Affairs and Senior Citizens Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 2287 House OF Representatives 

June 30, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body requesting the return of 
H.B. 2287, "A BILL TO BE ENTITLED AN ACT TO BROADEN COVERAGE 
UNDER THE STATE SCHOLARSHIP PROGRAM FOR CHILDREN OF WAR 
VETERANS AND ESTABLISH ENTITLEMENT TERMINATION DATES", for 
further consideration by the House of Representatives. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

Without objection, on motion of Senator Richardson, the bill is recalled from the 
Veterans Affairs and Senior Citizens Committee and returned to the House of 
Representatives for further consideration. 

WITHDRAWAL FROM COMMITTEE 

H.B. 2390, a bill to provide that the inventory tax reimbursement calculation for 
Wake Forest shall include the value of manufacturers' inventories located in an area 
that was the subject of litigation challenging its annexation at the time the tax on 
inventories was repealed. 

Without objection, on motion of Senator Rauch, the rules are suspended and the bill 
is taken from the Finance Committee and is placed on the Calendar for tomorrow, 
July 1. 



June 30, 1988 



182 SENATE JOURNAL [Second Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 1645 (House Committee Substitute), a bill to modify the formula for reim- 
bursing local governments for revenue lost due to the repeal of property taxes on inven- 
tories and to make technical changes for concurrence in the House Committee Substi- 
tute bill with House Amendment No. 1 not engrossed. 

On motion of Senator Winner, the rules are suspended, and the House Committee 
Substitute bill, is placed before the Senate for immediate consideration. 

On motion of Senator Winner, the Senate concurs in the House Committee Substi- 
tute bill and the House Committee Substitute bill is ordered enrolled. 

S.B. 372 (House Committee Substitute), a bill to limit the liability of officials of 
public hospitals and hospital authorities for concurrence in the House Committee Sub- 
stitute bill. 

Referred to Judiciary I Committee. 

On motion of Senator Harrington, seconded by Senator Smith, the Senate adjourns 
at 6:25 P.M. to meet tomorrow, July 1, at 9:30 A.M. 



ONE HUNDRED FIFTY-SEVENTH DAY 

Senate Chamber, 
Friday, July 1, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Bruce Stanley, Associate Minister of Edenton 
Street United Methodist Church, Raleigh, as follows: 

"Lord, it's a long way from intent to action and longer still from action to conse- 
quence. Bridge that gap, help all that is intended for community benefit to have its 
desired consequence. 

"As we approach the end of a session, let our work be expeditious, but not hasty — 
our efforts purposeful, but not rushed. Bless all here and all those whom they with 
dedication serve. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, June 30, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President grants leaves of absence to Senators Marvin, McDuffie, and Staton, 
for today. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 2461, a bill to address the nursing emergency which is faced by North Caro- 
lina. 

Senator Ward offers a motion that the rules be suspended to the end that the bill be 
placed on the Calendar for today, immediately preceding S.B. 1704, which motion 
prevails. 



July 1, 1988 



1988] SENATE JOURNAL 183 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 2281, a bill to increase the maximum vehicle tax that can be levied in the 
City of Henderson from five dollars to ten dollars, upon third reading. 

On motion of Senator Rauch, consideration of the bill is postponed until Wednes- 
day, July 6. 

H.B. 2316, a bill to authorize Vance County to levy a room occupancy and tourism 
development tax, upon third reading. 

On motion of Senator Rauch, consideration of the bill is postponed until Wednes- 
day, July 6. 

H.B. 2336, a bill to allow a procedure for the improvement of roads in certain 
counties and for the assessment of nonparticipating property owners, upon third read- 
ing. 

The bill passes its third reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Block, Bryan, Cobb, Conder, 
Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt 
of Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Guilford, Plyler, Rand, 
Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Speed, Swain, Tally, Thomas, Walker, Ward, Warren, and Winner— 37. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2269, a bill to establish a no-wake speed zone in Brunswick County. 
The bill passes its second and third readings and is ordered enrolled. 

S.B. 1573, a bill to create the North Carolina Solid Waste Management Revolving 
Loan Program, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 39, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin of 
Pitt, Martin of Guilford, Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, 
Sherron, Simpson, Smith, Speed, Swain, Tally, Thomas, Walker, Ward, Warren, 
and Winner — 39. 

Voting in the negative: None. 

The bill, as amended, is ordered, without objection, sent to the House of Represen- 
tatives by special messenger, without engrossment of Amendment No. 3. 

H.B. 300 (Committee Substitute), a bill to provide matching funds to rural volun- 
teer rescue squads, as amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin 
of Pitt, Martin of Guilford, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Speed, Swain, Tally, Thomas, Walker, 
Warren, and Winner— 41. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered, without objection, sent to 
the House of Representatives by special messenger for concurrence in Senate Amend- 
ments No. 1 and No. 2. 



July 1, 1988 



184 . SENATE JOURNAL [Second Session 

H.B. 2427, a bill to authorize the issuance of not in excess of twenty-five million 
dollars bonds of the State to provide funds, with other available funds, for the con- 
struction, in phases if desirable, of parking garages in downtown Raleigh, such 
authorized bonds to be issued without an election during the biennium ended June 30, 
1989, in an amount not in excess of such authorized amount and not in excess of 
two-thirds of the amount by which the State's outstanding indebtedness shall have 
been reduced during the 1985-87 Biennium, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Kaplan, Martin of Pitt, Martin of 
Guilford, Parnell, Plyler, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, 
Sherron, Simpson, Smith, Speed, Swain, Taft, Tally, Thomas, Walker, Ward, War- 
ren, and Winner — 42. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2462, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the Uni- 
versity of North Carolina, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 39, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Martin of Pitt, Martin of Guilford, 
Parnell, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Speed, Swain, Taft, Tally, Thomas, Walker, Warren, and Win- 
ner— 39. 

Voting in the negative: None. 

The bill, as amended, is ordered, without objection, sent to the House of Represen- 
tatives by special messenger for concurrence in Senate Amendment No. 1. 

S.B. 1559 (Committee Substitute), a bill to provide for the urgent needs of older 
adults, to begin building an in-home and community-based system of services for 
older adults, and to appropriate the necessary funds. 

Senator Richardson offers Amendment No. 1. 

Without objection, on motion of Senator Sands, the Committee Substitute bill, with 
Amendment No. 1 pending, is temporarily displaced. 

H.B. 2461, a bill to address the nursing emergency which is faced by North Caro- 
lina, placed on today's Calendar under suspension of the Rules. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 1704, a bill to address the nursing emergency which is faced by North Caro- 
lina. 

On motion of Senator Ward, consideration of the bill is postponed until Tuesday, 
July 5. 

S.B. 1841, a bill to appropriate funds for the renovations of the highway patrol 
stations in Robeson County and Gaston County. 

The bill passes its second (electronically recorded) and third readings and is or- 
dered, without objection, sent to the House of Representatives by special messenger. 

H.B. 519 (Committee Substitute), a bill to appropriate funds for improvement of 
feed, forage and fertilizer testing. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. ^... 



July 1, 1988 



1988] SENATE JOURNAL 185 

H.B. 2390, a bill to provide that the inventory tax reimbursement calculation for 
Wake Forest shall include the value of manufacturers* inventories located in an area 
that was the subject of litigation challenging its annexation at the time the tax on 
inventories was repealed. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 2467, a bill to cover county fire marshals and emergency service coordinators 
under the Law Enforcement Officers', Fireman's, Rescue Squad Workers', and Civil 
Air Patrol Members' Death Benefits Act. 

The bill passes its second (electronically recorded) and third readings and is order 
enrolled. 



INTENTION TO RECALL FROM COMMITTEE 

S.B. 1712, a bill to authorize the issuance of four hundred fifty million dollars of 
general obligation bonds of the State, subject to a vote of the qualified voters of the 
State, to provide funds for highway facilities. 

Pursuant to Senate Rule 47, Senator Smith announces his intention to offer a motion 
to withdraw the bill from the Transportation Committee, for consideration by the 
Senate. 

On motion of Senator Harrington, seconded by Senator Taft, the Senate adjourns at 
10:15 A.M. to meet Tuesday, July 5, at 1:30 P.M. 



ONE HUNDRED FIFTY-EIGHTH DAY 

Senate Chamber, 
Tuesday, July 5, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, as we return from the celebration of our nation's birthday, we thank 
Thee for those who signed the Declaration of Independence for us; yet, our hearts 
have been saddened to learn that we shot down a commercial aircraft ending the lives 
of 290 persons. 

"On this -day of mixed emotions and tangled thoughts, we turn to Thee, O Holy 
God, feeling the need of fixing our feet, once again, on a Rock of Ages that is not 
shaken; thus we ask, with one of old 'With what shall I come before the Lord, and 
bow myself before God on high? Will the Lord be pleased with thousands of rams, 
with ten thousands of rivers of oil? He has showed you, O Man, what is good; and 
what does the Lord require of you but to do justice, and to love mercy, and to walk 
humbly with your God.' Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday, July 1, has been examined and is found to be correct. On 
his motion, the Senate dispenses with the reading of the Journal and it stands ap- 
proved as written. 

The President grants leaves of absence to Senators Staton, Guy, Allran, Taft, and 
Walker for today. 



July 5, 1988 



186 • SENATE JOURNAL [Second Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 2216, an act to make conforming changes to laws relating to courts, so as to 
conform to Chapter 509 of the 1987 Session Laws, as recommended by the Legislative 
Research Commission. (Ch. 1037) 

S.B. 1619 (Committee Substitute), an act to provide for the filing of housing code 
notices or orders in the notice of lis pendens by the City of Wilmington. (Ch. 1038) 

H.B. 2648, an act to close loopholes that allow high-income taxpayers to claim the 
low-income tax credit and to increase the maximum fees that can be established by 
the Manufactured Housing Board and the Board of Pharmacy. (Ch. 1039) 



S.B. 

ficking. 



1837, an act to extend an act permitting grand juries to investigate drug traf- 
and concerning criminal contempt and immunity. (Ch. 1040) 

S.B. 1645 (Committee Substitute), an act to modify the formula for reimbursing 
local governments for revenue lost due to the repeal of property taxes on inventories 
and to make technical changes. (Ch. 1041) 

S.B. 1567, an act to make conforming amendments to certain local acts to reflect 
Chapter 509, Session Laws of 1987, as recommended by the Legislative Research 
Commission. (Ch. 1042) 

H.B. 519 (Committee Substitute), an act to appropriate funds for improvement of 
feed, forage and fertilizer testing. (Ch. 1043) 

H.B. 2171 (Committee Substitute), an act to make technical amendments to the 
revenue laws. (Ch. 1044) 

H.B. 2269, an act to establish a no-wake speed zone in Brunswick County. (Ch. 
1045) 

H.B. 2336, an act to allow a procedure for the improvement of roads in certain 
counties and for the assessment of nonparticipating property owners. (Ch. 1046) 

H.B. 2390, an act to provide that the inventory tax reimbursement calculation for 
Wake Forest shall include the value of manufacturers' inventories located in an area 
that was the subject of litigation challenging its annexation at the time the tax on 
inventories was repealed. (Ch. 1047) 

H.B. 2427, an act to authorize the issuance of not in excess of twenty-five million 
dollars bonds of the State to provide funds, with other available funds, for the con- 
struction, in phases if desirable, of parking garages in downtown Raleigh, such 
authorized bonds to be issued without an election during the biennium ended June 30, 
1989, in an amount not in excess of such authorized amount and not in excess of 
two-thirds of the amount by which the State's outstanding indebtedness shall have 
been reduced during the 1985-87 Biennium. (Ch. 1048) 

H.B. 2461, an act to address the nursing emergency which is faced by North Caro- 
lina. (Ch. 1049) 

H.B. 2467, an act to cover county fire marshals and emergency service coordina- 
tors under the Law Enforcement Officers', Fireman's, Rescue Squad Workers', and 
Civil Air Patrol Members' Death Benefits Act. (Ch. 1050) 



July 5, 1988 



1988] SENATE JOURNAL 187 

H.B. 2650, an act to establish the requirements of eligibility for interment in a 
State veterans cemetery. (Ch. 1051) 

H.B. 2651, an act to correct the dates for phase-in of the modified system for 
adjusting the assessment level of public service company system property. (Ch. 1052) 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Commit- 
tee: 

S.B. 1865, a bill to appoint persons to various public offices upon the recommenda- 
tion of the President of the Senate, with a favorable report. 

H.B. 2628, a bill to appoint persons to various public offices upon the recommen- 
dation of the Speaker of the House of Representatives, with a favorable report. 

S.J.R. 1866, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to amend the Constitution to secure to the 
Governor the power of veto, with an unfavorable report as to joint resolution but favor- 
able as to Committee Substitute joint resolution. 

On motion of Senator Harrington, the rules are suspended and the Committee Sub- 
stitute joint resolution which changes the title to read S.J.R 1866, a joint resolution 
authorizing the 1987 General Assembly, 1988 Session, to consider a motion to remove 
from the table and consider Senate Bill 456, a bill to be entitled an act to amend the 
Constitution to secure to the Governor the power of veto, is placed before the Senate 
for immediate consideration. 

On motion of Senator Harrington, the Committee Substitute joint resolution is 
adopted, and on his further motion is placed on the Calendar for tomorrow for further 
consideration. 

By Senator Goldston for the Transportation Committee: 

H.B. 2654, a bill to exempt motorized wheelchairs from the definition of "vehicle" 
in Chapter 20 of the General Statutes, with a favorable report. 

By Senator Barnes for the Judiciary I Committee: 

S.B. 372 (House Committee Substitute), a bill to limit the liability of a trustee, 
officer, or director of a nonprofit corporation, with a favorable report, as to concur- 
rence. 

By Senator Rauch for the Finance Committee: 

H.B. 1144, a bill to amend the law relating to penalties for violation of the revenue 
laws, with a favorable report. 

H.B. 1288 (Committee Substitute), a bill to repeal an obsolete law, to make tech- 
nical changes to the Revenue Act, to modify the law regarding privilege hcenses for 
certain employment agencies, to modify the standards for issuing licenses for refrigera- 
tion contractors, and to make clarifying and technical amendments to various laws 
relating to low-level radioactive waste and hazardous waste, with a favorable report, 
as amended. 



July 5, 1988 



188 • SENATE JOURNAL [Second Session 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 1206 (Committee Substitute), a bill to repeal an obsolete provision in the 
Revenue Laws, modify the definition of "flea market" for license tax purposes, and 
make technical corrections to election laws. 

Referred to Finance Committee. 

H.B. 2287, a bill to broaden coverage under the State Scholarship Program for 
children of war veterans and establish entitlement termination dates. 
Referred to Appropriations Committee. 

H.B. 2560, a bill to establish the State Advisory Council on Indian Education. 
Referred to Appropriations Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1559 (Committee Substitute), a bill to provide for the urgent needs of older 
adults, to begin building an in-home and community-based system of services for 
older adults, and to appropriate the necessary funds, with Amendment No. 1 pending. 

On motion of Senator Richardson, Amendment No. 1 is adopted (electronically 
recorded). 

The Committee Substitute bill, as amended, passes its second (electronically re- 
corded) and third readings and is ordered, without objection, sent to the House of 
Representatives by special messenger without engrossment. 

S.B. 1704, a bill to address the nursing emergency which is faced by North Caro- 
lina. 

On motion of Senator Ward, the bill is postponed indefinitely. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 274 House OF Representatives 

(Senate Committee Substitute) July 5, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate Committee Substitute to H.B. 274, a bill to be 
entitled an act providing a funding formula and a selection process for the inclusion of 
works of art in State buildings, and requests conferees. The Speaker has appointed 
Representatives Colton, Blue, and Payne on the part of the House to confer with a like 
committee appointed by the Senate to the end that the differences arising may be ad- 
justed. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

Senator Seymour moves that the President appoint conferees, which motion pre- 
vails. The President appoints Senators Seymour, Cobb, and Barnes as conferees on 



July 5, 1988 



1988] SENATE JOURNAL 189 

the part of the Senate and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action. 

WITHDRAWAL FROM CALENDAR 

S.J.R. 1866 (Committee Substitute), a joint resolution authorizing the 1987 Gen- 
eral Assembly, 1988 Session, to consider a motion to remove from the table and con- 
sider Senate Bill 456, a bill to be entitled an act to amend the Constitution to secure to 
the Governor the power of veto. 

Senator Rand offers a motion to suspend the rules to the end that the Committee 
Substitute joint resolution be taken from the Calendar for tomorrow, July 6, and 
placed on the Calendar for today, for immediate consideration, which motion prevails 
(electronically recorded). 

The Committee Substitute joint resolution passes its second (electronically recorded) 
and third readings and is ordered, without objection, sent to the House of Representa- 
tives by special messenger. 

CONFERENCE REPORT 
H.B. 274 (Senate Committee Substitute) 

Senator Seymour, for the Conferees appointed to consider the differences arising 
between the Senate and the House of Representatives upon H.B. 274 (Senate Com- 
mittee Substitute), a bill providing a funding formula and a selection process for the 
inclusion of works of art in State buildings submits the following report. 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on H.B. 274, A BILL TO BE ENTITLED AN 
ACT PROVIDING A FUNDING FORMULA AND A SELECTION PROCESS FOR 
THE INCLUSION OF WORKS OF ART IN STATE BUILDINGS, wish to report as 
follows: The House concurs in the Senate Committee Substitute, Fifth Edition en- 
grossed 6/30/88, with the following amendments: 

(1) On page 2, line 26 by deleting the words "Up to"; and 

(2) On page 2, line 27 by deleting "one-half" and substituting "One-half"; and 

(3) On page 3, line 2 by changing the period to a comma and by adding: "or, if not 
appropriate for the expenditure of a full one-half percent (0.5%) of the amount spent 
for construction as defined in G.S. 143-408.3, then in some percentage up to one- 
half percent." 

And the Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the day of 

S/Mary P. Seymour S/Marie W. Colton 

S/Henson P. Barnes S/Daniel T. Blue 

S/Laurence A. Cobb S/Harry E. Payne, Jr. 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

The Chair orders the Conference Report placed on the Calendar for tomorrow for 
adoption. 



July 5, 1988 



190 SENATE JOURNAL [Second Session 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 2490, a bill to increase the immediate civil license revocation for certain per- 
sons charged with implied consent offenses from ten to thirty days and to provide a fee 
for the service of pick-up orders. 

Referred to Finance Committee. 

H.B. 2656, a bill to provide that an admission fee may be charged for the three 
North Carolina Aquariums and that those fees shall be used by the North Carolina 
Aquarium Society to plan, construct, operate, and support live marine mammal pavil- 
ions and rehabilitation facilities at the North Carolina Aquariums, without engross- 
ment of Amendment No. 1. 

Referred to Finance Committee. 

The President recognizes the following pages serving in the Senate this week: Jen- 
nafer Jean Ammons, White ville; Peter G. Bine Jr., Cary; Kendra Win Cover, 
Raleigh; Laurie Dardanell, Raleigh; Robert W. Easterling, Charlotte; Brian Hardee, 
Fayetteville; Lance Michael Hodges, Cary; Bryan Alex Huffman, Hickory; Emily 
Hughes, Greenville; Dacia Marie Hunter, Broadway; Jamie Jones, Colerain; Traci 
Jeanette Lewis, Sanford; Malisa Lyman, Wilmington; Amber Rice, New Bern; Amy 
Rose, Louisburg; Anna Sands, Reidsville; Donald Allen Speight, Grimesland; Donna 
Michelle Speight, Nashville; Athena Stanfield, Raleigh; Paul Newton Stephenson, 
Cary; Jennifer Elaine Stone, Cary; Wendy Stone, Cary; Amy Lynn Tester, Cary; 
Brian K. Walston, Wilson; and Katie Victoria Whitaker, Raleigh. 

CONFERENCE REPORT 

H.B. 274 (Senate Committee Substitute), a bill providing a funding formula and a 
selection process for the inclusion of works of art in State buildings. 

Senator Seymour offers a motion to suspend the rules to the end that the Conference 
Report be taken from the Calendar of tomorrow and placed before the Senate for im- 
mediate consideration, which motion she subsequently withdraws. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 710 (House Committee Substitute), a bill to provide for rules and procedures 
for products liability lawsuits involving firearms, for concurrence in the House Com- 
mittee Substitute, which changes the title upon concurrence to read S.B. 710, a bill to 
clarify defective design as it relates to firearm or ammunition liability lawsuits. 

The House Committee Substitute bill is placed on the Calendar for tomorrow, 
July 6. 

S.B. 701, a bill to establish a septage management program in the Department of 
Human Resources, for concurrence in House Amendments No. 3 and No. 4, which is 
placed on the Calendar for tomorrow, July 6. 

H.B. 2659, a bill to extend the review of certain existing rules. 

On motion of Senator Plyler, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

Senator Barker requests to be recorded voting "aye" on the third reading of the bill. 



July 5, 1988 



1988] SENATE JOURNAL 191 

WITHDRAWAL FROM COMMITTEE 

H.B. 2655, a bill to reenact Section 1 of Chapter 446, Session Laws of 1987, pro- 
hibiting certain investments in certain companies involved in South Africa which was 
inadvertently repealed by Section 5 of Chapter 751, Session Laws of 1987, a rewrite of 
the investment powers of the State Treasurer. 

On motion of Senator Hunt of Durham the rules are suspended and the bill is taken 
from the Pensions and Retirement Committee and is placed on the Calendar for 
tomorrow, July 6. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 2659, an act to extend the review of certain existing rules. (Ch. 1053) 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 2215 (Committee Substitute), a bill to divide District Court Districts 12 and 
16 and Prosecutorial Districts 12 and 16 into Districts 12, 16A, and 16B on same 
whole-county basis as Superior Court Districts 12 and 16 were divided in 1987, divide 
Defender District 3 into District 3A and 3B similarly, extend the public defender sys- 
tem to Districts 16A and 168, add a district court judge in District 16A, make neces- 
sary conforming changes and provide sources of funds for such purposes, add a supe- 
rior court judge in Superior Court District 163, and restate the rule concerning senior- 
ity if two judges qualify on the same day. 

On motion of Senator Winner, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

H.B. 2489, a bill to establish the offense of impaired driving in commercial motor 
vehicles, to assess a fee for license revocation for the offense, and to increase the fee 
for a Class A or Class B license. 

Referred to Finance Committee. 

On motion of Senator Harrington, seconded by Senator Sherron, the Senate ad- 
journs at 3:00 P.M. to meet tomorrow at 1:30 P.M. 



ONE HUNDRED FIFTY-NINTH DAY 

Senate Chamber, 
Wednesday, July 6, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 



July 6, 1988 



192 . SENATE JOURNAL [Second Session 

"Our Father, we are ever grateful to Thee for the folks back home— for those dear 
hearts and gentle people whom it is our privilege to represent. 

"There are times for local loyalties, parochial concerns; for does not your Word 
teach, 'If any provide not for his own, especially those of his own house, he is worst 
than an infidel?' 

"And yet. Gracious God, there are also times for the greater good — when the whole 
must be chosen above 'me and mine.' 

"Here we are, O God of Grace, caught, as it were, betwixt the two, and up from our 
hearts, there comes the memory of a prayer — a prayer which has tumbled, times with- 
out number, from the lips of our alcoholic friends: 

'Grant us the serenity to accept the things we cannot change, courage 
to change the things we can, and the wisdom to know the difference. ' 

"And so. Kind Lord, our prayer today is for the Wisdom that knows the difference 
between local and larger; and, it is for the courage to choose the larger. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, July 5, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President grants a leave of absence to Senator Parnell for today. 

The Chair extends courtesies of the gallery to former Congressman James Gardner 
and courtesies of the floor to J. Marvin Johnson, former Senator from Johnston 
County. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Rauch for the Finance Committee: 

H.B. 1206 (Committee Substitute), a bill to repeal an obsolete provision in the 
Revenue Laws, modify the definition of "flea market" for license tax purposes, and 
make technical corrections to election laws, with a favorable report, as amended. 

H.B. 2656, a bill to provide that an admission fee may be charged for the three 
North Carolina Aquariums and that those fees shall be used by the North Carolina 
Aquarium Society to plan, construct, operate, and support live marine mammal pavil- 
ions and rehabilitation facilities at the North Carolina Aquariums, with a unfavorable 
report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Senate Committee 
Substitute bill which changes the title to read, H.B. 2656 (Senate Committee Substi- 
tute) , a bill to provide that an admission fee may be charged for the three North Caro- 
lina Aquariums and that those fees shall be used to plan, construct, operate, and 
support live marine mammal pavilions and rehabilitation facilities at the North Caro- 
lina Aquariums, is placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Senate Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for tomorrow for further consideration. 

By Senator Plyler for the Appropriations Committee: 

S.B. 847 (Committee Substitute), a bill to permit a member of the Teachers' and 
State Employees' Retirement System to purchase time lost due to an extended illness, 
by paying the full actuarial cost, with a favorable report, as amended. 



July 6, 1988 



1988] SENATE JOURNAL 193 

S.B. 1668, a bill to provide standards for the removal and return of juveniles from 
their homes and to appropriate funds to the Office of Guardian Ad Litem Services 
under the Administrative Office of the Courts for dependency cases, with a favorable 
report, as amended. 

H.B. 1237 (Senate Committee Substitute), a bill to regulate investment advisers, as 
amended by the Finance Committee, with a favorable report, as amended. 

H.B. 2560, a bill to establish the State Advisory Council on Indian Education, with 
a favorable report, as amended. 

By Senator Warren for the Education Committee: 

H.B. 364 (Committee Substitute), a bill to simplify and expedite the process for 
reviewing decisions regarding exceptional children and to provide for mediation of dis- 
agreements, with a favorable report, as amended. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 1847, an act to appoint persons to various public offices upon the recommen- 
dation of the President Pro Tempore of the Senate. (Ch. 1054) 

H.B. 1130 (Senate Committee Substitute), an act to provide that anabolic steroids 
are included as a controlled substance. (Ch. 1055) 

H.B. 2215 (Committee Substitute), an act to divide District Court Districts 12 and 
16 and Prosecutorial Districts 12 and 16 into Districts 12, 16A, and 16B on same 
whole-county basis as Superior Court Districts 12 and 16 were divided in 1987, divide 
Defender District 3 into District 3 A and 38 similarly, extend the public defender sys- 
tem to Districts 16A and 16B, add a district court judge in District 16A, make neces- 
sary conforming changes and provide sources of funds for such purposes, add a supe- 
rior court judge in Superior Court District 16B, and restate the rule concerning senior- 
ity if two judges qualify on the same day. (Ch. 1056) 

S.J.R. 1842, a joint resolution authorizing the 1987 General Assembly, 1988 Ses- 
sion, to consider a bill to be entitled an act to provide for the use of pen registers and 
trap and trace devices in conformity with federal law. (Res. 48) 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 274 (Senate Committee Substitute), a bill providing a funding formula and a 
selection process for the inclusion of works of art in State buildings. Conference Re- 
port for adoption. 

On motion of Senator Seymour, the Conference Report submitted Tuesday, July 5, 
is adopted (electronically recorded) and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following message is received from the House of Representatives: 



July 6, 1988 



194 SENATE JOURNAL [Second Session 

H.B. 2643 (Committee Substitute), a bill to appropriate funds for certain public 
purposes. 

Referred to Appropriations Committee. 

CALENDAR (Continued) 

H.B. 2281, a bill to increase the maximum vehicle tax that can be levied in the 
City of Henderson from five dollars to ten dollars, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Plyler, 
Rand, Rauch, Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Win- 
ner — 47. 

Voting in the negative: None. 

The bill is ordered enrolled. ^ 

H.B. 2316, a bill to authorize Vance County to levy a room occupancy and tourism 
development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Plyler, 
Rand, Rauch, Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Win- 
ner— 47. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 1288 (Committee Substitute), a bill to repeal an obsolete law, to make tech- 
nical changes to the Revenue Act, to modify the law regarding privilege licenses for 
certain employment agencies, to modify the standards for issuing licenses for refrigera- 
tion contractors, and to make clarifying and technical amendments to various laws 
relating to low-level radioactive waste and hazardous waste, upon second reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

Senator Rauch offers Amendment No. 2 which is adopted (electronically recorded). 

Senator Johnson of Wake offers Amendment No. 3 which is adopted (electronically 
recorded). 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Plyler, 
Rand, Rauch, Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Swain, Tally, Thomas, Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow for further consideration, upon third reading. 

S.B. 1865, a bill to appoint persons to various public offices upon the recommenda- 
tion of the President of the Senate. 

The bill passes its second (electronically recorded) and third readings and is or- 
dered, without objection, sent to the House of Representatives by special messenger. 



July 6, 1988 



1988] SENATE JOURNAL 195 

H.B. 1144, a bill to amend the law relating to penalties for violation of the revenue 
laws. 

The bill passes its second reading (electronically recorded). 

Senator Guy objects to the third reading of the bill. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 

WITHDRAWAL FROM CALENDAR 

H.B. 1237 (Senate Committee Substitute), a bill to regulate investment advisers, as 
amended. 

On motion of Senator Rand the rules are suspended to the end that the Senate Com- 
mittee Substitute bill, as amended, is taken from the Calendar for tomorrow, July 7, 
and is placed before the Senate for immediate consideration, upon second reading. 

On motion of Senator Plyler, Committee Amendments No. 3 and No. 4 are 
adopted. 

The Senate Committee Substitute bill, as amended, passes its second reading by 
roll-call vote, ayes 44, noes 2, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Daniel, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hunt of 
Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Plyler, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas, Walker, Ward, Warren, and Winner— 44. 

Voting in the negative: Senators Kincaid and Simpson — 2. 

The Senate Committee Substitute bill, as amended, is ordered placed on the Calen- 
dar for tomorrow for further consideration, upon third reading. 

S.B. 1668, a bill to provide standards for the removal and return of juveniles from 
their homes and to appropriate funds to the Office of Guardian Ad Litem Services 
under the Administrative Office of the Courts for dependency cases. 

On motion of Senator Marvin the rules are suspended and the bill is taken from the 
Calendar for tomorrow, July 7, and placed before the Senate for immediate considera- 
tion. 

On motion of Senator Plyler, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger, without engrossment. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Rand moves that Rule 40 be suspended to allow the introduction of the 
following bill, which motion prevails by a two-thirds majority vote. 

By Senator Rand: 

S.B. 1868, a bill to provide for the use of pen registers and trap and trace devices in 
conformity with federal law. 

On motion of Senator Rand, the bill remains before the Senate for further consid- 
eration. 

The bill passes its second reading (electronically recorded) . 

On motion of Senator Sands, the Chair orders the bill temporarily displaced. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



July 6, 1988 



196 SENATE JOURNAL [Second Session 

H.B. 274 y ■ ' HOUSE OF Representatives 

(Senate Committee Substitute) July 6, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on House B. No. 274, A BILL 
TO BE ENTITLED AN ACT PROVIDING A FUNDING FORMULA AND A SE- 
LECTION PROCESS FOR THE INCLUSION OF WORKS OF ART IN STATE 
BUILDINGS to the end that when a similar action has been taken on the part of the 
Senate, we will order the bill enrolled. 

Respectfully, 
S/Grace a. Collins 
Principal Clerk 



CALENDAR (Continued) 

H.B. 2628, a bill to appoint persons to various public offices upon the recommen- 
dation of the Speaker of the House of Representatives. 

Senate Swain offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger for concurrence in Senate Amendment No. 1. 

H.B. 2654, a bill to exempt motorized wheelchairs from the definition of "vehicle" 
in Chapter 20 of the General Statutes. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H.B. 2655, a bill to reenact Section 1 of Chapter 446, Session Laws of 1987, pro- 
hibiting certain investments in certain companies involved in South Africa which was 
inadvertently repealed by Section 5 of Chapter 751, Session Laws of 1987, a rewrite of 
the investment powers of the State Treasurer. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 372 (House Committee Substitute), a bill to limit the liability of officials of 
public hospitals and hospital authorities, for concurrence in the House Committee 
Substitute bill. 

On motion of Senator Barnes, the Chair orders the House Committee Substitute bill 
temporarily displaced. 

S.B. 701, a bill to establish a septage management program in the Department of 
Human Resources, for concurrence in House Amendments No. 3 and No. 4. 

On motion of Senator Rauch, the Senate concurs (electronically recorded) in House 
Amendments No. 3 and No. 4 and the bill is ordered enrolled. 

S.B. 710 (House Committee Substitute), a bill to clarify defective design as it re- 
lates to firearm or ammunition liability lawsuits, for concurrence in the House Com- 
mittee Substitute bill. 

On motion of Senator Rauch, the Senate concurs in the House Committee Substitute 
bill (electronically recorded) and the House Committee Substitute bill is ordered en- 
rolled. 



July 6, 1988 



1988] SENATE JOURNAL 197 

S.B. 372 (House Committee Substitute), a bill to limit the liability of officials of 
public hospitals and hospital authorities for concurrence in the House Committee Sub- 
stitute bill, displaced earlier. 

On motion of Senator Barnes, the Senate concurs in the House Committee Substi- 
tute bill (electronically recorded) , and the House Committee Substitute bill is ordered 
enrolled. 



RECALL FROM COMMITTEE 

S.B. 1712 

Senator Smith offers a motion to withdraw S.B. 1712, a bill to authorize the issu- 
ance of four hundred fifty million dollars of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds for highway 
facilities, from the Transportation Committee pursuant to notice given of his in- 
tention on Friday, July 1, in compliance with Senate Rule 47, and place the bill before 
the Senate for immediate consideration. 

After lengthy debate. Senator Smith calls the previous question, seconded by Sena- 
tor Royall. The call is sustained. The motion to withdraw the bill from the Trans- 
portation Committee fails to prevail (electronically recorded) and the bill remains 
in the Transportation Committee. 

CONFERENCE REPORT 
S.B. 663 

Senator Johnson of Wake, for the Conferees appointed to consider the differences 
arising between the Senate and the House of Representatives upon S.B. 663, a bill to 
specifically authorize the North Carolina Board of Dental Examiners to regulate gen- 
eral anesthesia and parenteral sedation by dentists, submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on the House amendments (No. 1 and No. 2) to 
S.B. 663, A BILL TO BE ENTITLED AN ACT TO SPECIFICLY AUTHORIZE 
THE NORTH CAROLINA BOARD OF DENTAL EXAMINERS TO REGULATE 
GENERAL ANESTHESIA AND PARENTERAL SEDATION BY DENTISTS, wish 
to report as follows: The Senate accepts the House committee amendments (House 
amendment No. 1); and the House accepts Senate changes to the House floor amend- 
ment (House amendment No. 2) by rewriting the last four lines of the amendment to 
read: 

'North Carolina and shows the Board that he or she has been utilizing 
general anesthesia in a competent manner for the five years preceding 
July 1, 1988, and his or her office facilities pass an on-site examina- 
tion and inspection by qualified representatives of the Board.'"; 

so that House amendment No. 1 is adopted by both houses, and the Senate-modified 
House amendment No. 2 is adopted by both houses. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 6th day of July, 1988. 



July 6, 1988 



198 . SENATE JOURNAL [Second Session 

1 

S/Joseph E. Johnson S/Dennis A. Wicker 

S/Anthony E. Rand S/J. L. Mavretic 

S/Wanda H. Hunt S/John J. Hunt 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Johnson of Wake, the Conference Report is adopted (elec- 
tronically recorded), and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill which is read the first time and disposed of as follows: 

S.B. 1557, a bill to preserve the North Carolina railway corridor, without engross- 
ment, for concurrence in the House Committee Substitute bill, changing the title upon 
concurrence to read, S.B. 1557 (House Committee Substitute), a bill to preserve 
North Carolina railway corridors. 

On motion of Senator Block, the rules are suspended, and the House Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Block, the Senate concurs in the House Committee Substitute 
bill (electronically recorded) is ordered enrolled. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 2641 House of Representatives 

(Senate Committee Substitute) July 6, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate Com Sub to House B. No. 2641, A BILL 
TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR THE 1988-89 FIS- 
CAL YEAR and requests conferees. The Speaker has appointed Representatives Wat- 
kins, Nesbitt, Hunter, Nye, Holt, Locks, Bruce Ethridge on the part of the House to 
confer with a like committee appointed by the Senate to the end that the differences 
arising may be adjusted. 

Respectfully, 
S/Grace a. Collins 
Principal Clerk 

Senator Plyler moves that the President appoint conferees, which motion prevails. 
The President appoints Senators Plyler, Royall, Basnight, Marvin, Ward, Walker, 
and Thomas as conferees on the part of the Senate and a message is ordered sent to 
the House of Ref)resentatives informing that Honorable Body of such action. 

H.B. 1065 House OF Representatives 

(Senate Committee Substitute) July 6, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate Com Sub. to H.B. No. 1065, A BILL TO 



July 6, 1988 



1988] SENATE JOURNAL 199 

BE ENTITLED AN ACT TO PROVIDE FIRST AVAILABLE BED PRIORITY FOR 
NURSING HOME PATIENTS TEMPORARILY ABSENT FROM A NURSING FA- 
CILITY DUE TO HOSPITAL STAY and requests conferees. The Speaker has ap- 
pointed Representatives Watkins, Nye, Locks on the part of the House to confer with 
a like committee appointed by the Senate to the end that the differences arising may be 
adjusted. 

Respectfully, 
S/Grace a. Collins 
Principal Clerk 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Plyler for the Appropriations Committee: 

S.B. 109, a bill to permit pensioners in the Firemen's and Rescue Squad Workers' 
Pension Fund to perform volunteer duties while receiving a pension, with an unfavor- 
able report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Plyler, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered, without objection, sent to the House of Representatives by 
special messenger. 

S.B. 601, a bill to increase the retirement formula for members and beneficiaries of 
the Teachers' and State Employees' Retirement System with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Plyler, the rules are suspended and the Committee Substitute 
bill which changes the title to read S.B. 601 (Committee Substitute), a bill to increase 
the retirement formula for members and beneficiaries of the Teachers' and State Em- 
ployees' Retirement System and members and beneficiaries of the Local Governmental 
Employees' Retirement System, is placed before the Senate for immediate considera- 
tion. 

On motion of Senator Plyler, the Committee Substitute bill is adopted, and on his 
further motion remains before the Senate for immediate consideration. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered, without objection, sent to the House of Representatives by 
special messenger. 

WITHDRAWAL FROM CALENDAR 

H.B. 2656 (Senate Committee Substitute), a bill to provide that an admission fee 
may be charged for the three North Carolina Aquariums and that those fees shall be 
used to plan, construct, operate, and support live marine mammal pavilions and reha- 
bilitation facilities at the North Carolina Aquariums. 

On motion of Senator Rauch, the rules are suspended and the Senate Committee 
Substitute bill is taken from the Calendar for tomorrow, July 7, and is placed before 
the Senate for immediate consideration. 

Senator Staton offers Amendment No. 1 which is adopted (electronically recorded). 

Senator Royall offers a motion that, pursuant to Senate Rule 41.1, with the Chair- 
men of the Appropriations and Ways and Means Committees agreeing, the 



July 6, 1988 



200 SENATE JOURNAL [Second Session 

Senate Committee Substitute bill be re-referred to the Ways and Means Commit- 
tee. 

Senator Rauch offers a motion to suspend Senate Rule 41.1 to the end that the 
Senate Committee Substitute bill remain before the Senate for further consideration, 
which motion fails to prevail (electronically recorded). 

Pursuant to Senate Rule 41.1, the Chair orders the Senate Committee Substitute bill 
re-referred to the Ways and Means Committee. 

CALENDAR (Continued) 

S. B. 1868, a bill to provide for the use of pen registers and trap and trace devices in 
conformity with federal law, upon third reading, displaced earlier. 

The bill passes its third reading and is ordered, without objection, sent to the House 
of Representatives by special messenger. 

CONFEREES APPOINTED 

H.B. 1065 (Senate Committee Substitute), a bill to provide first available bed pri- 
ority for nursing home patients temporarily absent from a nursing facility due to hospi- 
tal stay. 

Pursuant to the request of the House of Representatives, Senator Harris moves that 
the President appoint conferees, which motion prevails. The President appoints Sena- 
tors Harris, Royall, and Walker as conferees on the part of the Senate and a message 
is ordered sent to the House of Representatives informing that Honorable Body of such 
action. 

On motion of Senator Harrington, seconded by Senator Taft, the Senate adjourns at 
4:35 P.M. to meet tomorrow at 9:30 A.M. 



ONE HUNDRED SIXTIETH DAY 

Senate Chamber, 
Thursday, July 7, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain. 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, July 6, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

m ■ ,-x--^ . • 

CONFERENCE REPORT 

H.B. 1065 (Senate Committee Substitute) 

Senator Harris for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives on H.B. 1065 (Senate Committee 
Substitute), a bill to provide first available bed priority for nursing home patients tem- 
porarily absent from a nursing facility due to hospital stay, submits the following Re- 
port: 



July 7, 1988 



1988] • - SENATE JOURNAL 201 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Bill 1065 Senate Committee Substitute 
Third Edition Engrossed, A BILL TO BE ENTITLED AN ACT TO PROVIDE 
FIRST AVAILABLE BED PRIORITY FOR NURSING HOME PATIENTS TEMPO- 
RARILY ABSENT FROM A NURSING FACILITY DUE TO HOSPITAL STAY, 
wish to report as follows: The House concurs in the Senate Committee Substitute, 
third edition engrossed, with the following amendments: 

(1) on page 1, line 8, delete "131E-129", and substitute "131E-130": 

(2) on page 2, line 2, delete "fine", and substitute "civil penalty"; and 

(3) on page 2, line 7, delete "October 1, 1987", and substitute "October 
1, 1988". 

The Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 7th day of July, 1988. 

S/Ollie Harris S/ William T. Watkins 

S/Russell Walker S/Edd Nye 

S/Kenneth Royall, Jr. S/Sidney A. Locks 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Harris, the Conference Report is adopted (electronically re- 
corded), and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 1237 (Senate Committee Substitute), a bill to regulate investment advisers, as 
amended, upon third reading. 

Senator Rauch offers Amendment No. 5 which is adopted (electronically recorded). 

The Senate Committee Substitute bill, as amended, passes its third reading by roll- 
call vote, ayes 46, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Cobb, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Kaplan, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, 
Swain, Taft, Tally, Thomas, Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: Senator Simpson — 1. 

The Senate Committee Substitute bill, as amended, is ordered engrossed and, with- 
out objection, sent to the House of Representatives by special messenger. 

H.B. 1288 (Committee Substitute), a bill to repeal an obsolete law, to make tech- 
nical changes to the Revenue Act, to modify the law regarding privilege licenses for 
certain employment agencies, to modify the standards for issuing licenses for refrigera- 
tion contractors, and to make clarifying and technical amendments to various laws 



July 7, 1988 



202 - SENATE JOURNAL [Second Session 

relating to low-level radioactive waste and hazardous waste, as amended, upon third 
reading. 

On motion of Senator Guy, the Chair orders the Committee Substitute bill, as 
amended, temporarily displaced. 

H.B. 1144, a bill to amend the law relating to penalties for violation of the revenue 
laws, upon third reading. 

On motion of Senator Guy, the Chair orders the bill temporarily displaced. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Plyler for the Appropriations Committee: 

H.B. 2517, a bill to permit an allocation for implementation of the second phase of 
the Precinct Boundary Program being conducted in conjunction with the U.S. Census 
Bureau and to make amendments thereto, with a favorable report. 

On motion of Senator Plyler, the rules are suspended and the bill is placed before 
the Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S.B. 1840 (Committee Substitute), a bill to appropriate funds for Anson, 
Montgomery, Richmond, Scotland, Stanly, and Union Counties— 2, with an unfavor- 
able report as to bill, but favorable as to Committee Substitute bill with Amendments 
No. 1, No. 2, No. 3, No. 4, No. 5, and No. 6 attached. 

On motion of Senator Plyler, the rules are suspended and the Committee Substitute 
bill with Amendments No. 1, No. 2, No. 3, No. 4, No. 5, and No. 6 attached is 
placed before the Senate for immediate consideration. 

On motion of Senator Plyler, the Committee Substitute bill, which changes the title 
to read, S.B. 1840 (Committee Substitute), a bill to appropriate funds for certain 
governmental and non-governmental entities, is adopted. 

The Chair orders the Committee Substitute bill temporarily displaced. 



CALENDAR (Continued) 

S.B. 847 (Committee Substitute), a bill to permit a member of the Teachers' and 
State Employees' Retirement System to purchase time lost due to an extended illness, 
by paying the full actuarial cost. 

On motion of Senator Plyler, the Committee Amendment No. 1 is adopted. 

The Chair orders the Committee Substitute bill, as amended, temporarily dis- 
placed. 

Sit. 

H.B. 364 (Committee Substitute), a bill to simplify and expedite the process for 
reviewing decisions regarding exceptional children and to provide for mediation of dis- 
agreements. 

On motion of Senator Warren, Committee Amendments No. 1 and No. 2 are 
adopted. 

The Committee Substitute bill, as amended, passes its second (electronically re- 
corded) and third readings and is ordered, without objection, sent to the House of 
Representatives by special messenger for concurrence in Senate Amendments No. 1 
and No. 2. 



July 7, 1988 



1988] SENATE JOURNAL 203 

H.B. 1206 (Committee Substitute), a bill to repeal an obsolete provision in the 
Revenue Laws, modify the definition of "flea market" for license tax purposes, and 
make technical corrections to election laws. 

Senator Rauch offers a motion that Committee Amendment No. 1 be adopted. 

Senator Cobb rises to a point of order as to whether the Amendment is germane. 

The Chair takes the point of order under advisement and orders the Committee Sub- 
stitute bill, with pending Amendment No. 1, temporarily displaced. 

H.B. 2560, a bill to establish the State Advisory Council on Indian Education. 

On motion of Senator Plyler, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes is second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger for concurrence in Senate Amendment No. 1. 

S.B. 847 (Committee Substitute), a bill to permit a member of the Teachers' and 
Stale Employees' Retirement System to purchase time lost due to an extended illness, 
by paying the full actuarial cost, as amended, displaced earlier. 

The Committee Substitute bill, as amended, passes its second (electronically re- 
corded) and third readings and is ordered, without objection, sent to the House of 
Representatives by special messenger, without engrossment. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 663 House OF Representatives 

July 7, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on Senate B. No. 663, A BILL 
TO BE ENTITLED AN ACT TO SPECIFICALLY AUTHORIZE THE NORTH 
CAROLINA BOARD OF DENTAL EXAMINERS TO REGULATE GENERAL AN- 
ESTHESIA AND PARENTERAL SEDATION BY DENTISTS to the end that when 
a similar action has been taken on the part of the Senate, you may order the bill 
enrolled. 

Respectfully, 

S /Grace A. Collins 

Principal Clerk 

The Chair orders the bill enrolled. 



CALENDAR (Continued) 

H.B. 1206 (Committee Substitute), a bill to repeal an obsolete provision in the 
Revenue Laws, modify the definition of "flea market" for license tax purposes, and 
make technical corrections to election laws, with pending Amendment No. 1, dis- 
placed earlier. 

The Chair rules that Amendment No. 1 is germane. 

Committee Amendment No. 1, which changes the title, upon concurrence, to read 
H.B. 1206 (Committee Substitute), a bill to repeal an obsolete provision in the Reve- 
nue Laws, modify the definition of "flea market" for license tax purposes, and make 
technical corrections to election laws, and the employee theft statute, is adopted. 



July 7, 1988 



204 SENATE JOURNAL [Second Session 

The Committee Substitute bill, as amended, passes its second (electronically re- 
corded) and third readings and is ordered without objection, sent to the House of Rep- 
resentatives by special messenger for concurrence in Senate Amendment No. 1. 

S.B. 1840 (Committee Substitute), a bill to appropriate funds for certain govern- 
mental and non-governmental entities, displaced earlier. 

Senator Harris offers Amendment No. 7 which is adopted (electronically recorded). 

The Chair relinquishes the gavel to the Honorable Marshall A. Rauch, Senator 
from Gaston County, who presides. 

Senator Daniel offers Amendment No. 8 which is adopted (electronically recorded). 

Senator Plyler calls the previous question, seconded by Senator Ward. The call is 
sustained. 

Without objection, the Committee Substitute bill, as amended, remains before the 
Senate for further consideration, upon third reading. 

The Committee Substitute bill, as amended, passes its second reading (electroni- 
cally recorded). 

Senator Soles offers Amendment No. 9 which is adopted (electronically recorded). 

Senator Plyler calls the previous question, seconded by Senator Kaplan. The call is 
sustained. 

The Committee Substitute bill, as amended, passes its third reading (electronically 
recorded) and is ordered engrossed and, without objection, sent to the House of Rep- 
resentatives by special messenger. 

The Chair declares the Senate in recess until 5:30 P.M. for the purpose of commit- 
tee meetings. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan III, Lieutenant Governor. 



CALENDAR (Continued) 

H.B. 1288 (Committee Substitute), a bill to repeal an obsolete law, to make tech- 
nical changes to the Revenue Act, to modify the law regarding privilege licenses for 
certain employment agencies, to modify the standards for issuing licenses for refrigera- 
tion contractors, and to make clarifying and technical amendments to various laws 
relating to low-level radioactive waste and hazardous waste, as amended, upon third 
reading, displaced earlier. 

The Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 36, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Conder, Ezzell, Goldston, Guy, Harrington, Hunt of Durham, Hunt of 
Moore, Kaplan, Kincaid, Martin of Pitt, Marvin, Parnell, Rand, Rauch, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Staton, Tally, 
Thomas, Walker, Ward, Warren, and Winner — 36. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered, without objection, sent to 
the House of Representatives by special messenger for concurrence in Senate Amend- 
ments No. 1, No. 2, and No. 3. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



July 7, 1988 



1988] SENATE JOURNAL 205 

S.B. 372 (House Committee Substitute), an act to limit the liability of officials of 
public hospitals and hospital authorities. (Ch. 1057) 

S.B. 701, an act to establish a septage management program in the Department of 
Human Resources. (Ch. 1058) 

S.B. 710 (House Committee Substitute), an act to clarify defective design as it 
relates to firearm or ammunition liability lawsuits. (Ch. 1059) 

S.B. 1865, an act to appoint persons to various public offices upon the recommen- 
dation of the President of the Senate. (Ch. 1060) 

H.B. 85, an act to allow a refund from the Teachers' and State Employees' Retire- 
ment System and Local Governmental Employees' Retirement System of certain ex- 
cess contributions to members in retirement. (Ch. 1061) 

H.B. 300 (Committee Substitute), an act to provide matching funds to rural volun- 
teer rescue squads. (Ch. 1062) 

H.B. 1124 (Senate Committee Substitute), an act to limit campaign expenditures 
and to strengthen public financing of political campaigns. (Ch. 1063) 

H.B. 1133 (Senate Committee Substitute No. 2), an act to strengthen the prefer- 
ence to be accorded veterans for State employment. (Ch. 1064) 

H.B. 1240 (Senate Committee Substitute), an act to make certain changes in the 
law regarding fraudulent disposal of property. (Ch. 1065) 

H.B. 2281, an act to increase the maximum vehicle tax that can be levied in the 
City of Henderson from five dollars to ten dollars. (Ch. 1066) 

H.B. 2316, an act to authorize Vance County to levy a room occupancy and tour- 
ism development tax. (Ch. 1067) 

H.B. 2628, an act to appoint persons to various public offices upon the recommen- 
dation of the Speaker of the House of Representatives. (Ch. 1068) 

H.B. 2654, an act to exempt motorized wheelchairs from the definition of "vehi- 
cle" in Chapter 20 of the General Statutes. (Ch. 1069) 

H.B. 2655, an act to reenact Section 1 of Chapter 446, Session Laws of 1987, 
prohibiting certain investments in certain companies involved in South Africa which 
was inadvertently repealed by Section 5 of Chapter 751, Session Laws of 1987, a re- 
write of the investment powers of the State Treasurer. (Ch. 1070) 

S.B. 1557 (House Committee Substitute), an act to preserve North Carolina rail- 
way corridors. (Ch. 1071) 

H.B. 274 (Senate Committee Substitute), an act providing a funding formula and a 
selection process for the inclusion of works of art in State buildings. (Ch. 1072) 

S.B. 663, an act to specifically authorize the North Carolina Board of Dental Ex- 
aminers to regulate general anesthesia and parenteral sedation by dentists. (Ch. 1073) 

H.B. 2517, an act to permit an allocation for implementation of the second phase 
of the Precinct Boundary Program being conducted in conjunction with the U.S. Cen- 
sus Bureau and to make amendments thereto. (Ch. 1074) 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 



July 7, 1988 



206 . SENATE JOURNAL [Second Session 

By Senator Royall for the Ways and Means Committee: 

H.B. 2656 (Senate Committee Substitute), a bill to provide that an admission fee 
may be charged for the three North Carolina Aquariums and that those fees shall be 
used to plan, construct, operate, and support live marine mammal pavilions and reha- 
bilitation facilities at the North Carolina Aquariums, with an unfavorable report report 
as to Senate Committee Substitute No. 1 but favorable as to Senate Committee Substi- 
tute No. 2. 

On motion of Senator Royall, the rules are suspended and the Senate Committee 
Substitute No. 2 which changes the title to read, H.B 2656 (Senate Committee Sub- 
stitute No. 2), a bill providing for the Legislative Research Commission to study the 
three North Carolina Aquariums and the issue of charging a fee for admission to those 
museums, with those fees being used to plan, construct, operate, and support live 
marine mammal pavilions and rehabilitation facilities at those aquariums, is placed 
before the Senate for immediate consideration. 

On motion of Senator Royall, the Senate Committee Substitute bill No. 2 is 
adopted, and on his further motion is placed on the Calendar for tomorrow for further 
consideration. 

By Senator Hunt of Durham for the Pensions and Retirement Committee: 

H.B. 2652, a bill to amend the laws regarding various service purchases at full cost 
in the Teachers* and State Employees' Retirement System and in the Local Govern- 
mental Employees' Retirement System, after the completion of five years of creditable 
service, with a favorable report. 

On motion of Senator Hunt of Durham, the rules are suspended and the bill is 
placed before the Senate for immediate consideration, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 40, noes 2, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Cobb, Conder, Daniel, Ezzell, Goldston, Guy, Harrington, Harris, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffie, Parnell, Rauch, Richardson, Royall, Sands, Seymour, 
Shaw, Sherron, Simpson, Smith, Soles, Staton, Taft, Tally, Thomas, Walker, 
Ward, Warren, and Winner — 40. 

Voting in the negative: Senators Bryan and Kincaid— 2. 

The bill is ordered placed on the Calendar for tomorrow for further consideration, 
upon third reading. 



CALENDAR (Continued) 

H.B. 1144, a bill to amend the law relating to penalties for violation of the revenue 
laws, upon third reading, displaced earlier. 

The bill passes its third reading (electronically recorded) and is ordered enrolled. 



WITHDRAWAL FROM COMMITTEE 

H.B. 2310, a bill to amend G.S. 58-490 to include the Redevelopment Commis- 
sion of the Town of Tarboro in the definition of "local government". 

On motion of Senator Ezzell the rules are suspended and the bill is taken from the 
Local Government and Regional Affairs I Committee and is placed before 
the Senate, for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 



July 7, 1988 



1988] SENATE JOURNAL 207 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Rauch for the Finance Committee: 

H.B. 2489, a bill to establish the offense of impaired driving in commercial motor 
vehicles, to assess a fee for license revocation for the offense, and to increase the fee 
for a Class A or Class B license, with a favorable report. 

Senator Rauch offers a motion to suspend the rules and place the bill before the 
Senate for immediate consideration, which motion prevails (electronically recorded). 

On his further motion Committee Amendment No. 1 is adopted. 

Senator Winner offers Amendment No. 2 which, after lengthy debate, he subse- 
quently withdraws. 

The Chair rules that the bill, as amended is not a roll-call measure. 

Senator Soles offers a motion that the bill, as amended, be removed from the Cal- 
endar of today and re-referred to the to the Judiciary I Committee. 

Senator Soles calls the previous question, seconded by Senator Kaplan. The call is 
sustained (electronically recorded) . 

The motion of Senator Soles to remove the bill, as amended from the Calendar and 
re-refer to the Judiciary I Committee prevails (electronically recorded) and the 
Chair orders the bill, as amended, re-referred to the Judiciary I Committee. 

H.B. 2490, a bill to increase the immediate civil license revocation for certain per- 
sons charged with implied consent offenses from ten to thirty days and to provide a fee 
for the service of pick-up orders, with a favorable report, as amended. 

Senator Rauch offers a motion to suspend the rules and place the bill before the 
Senate for immediate consideration. 

Senator Soles offers a motion that the bill be re-referred to the Judiciary I Com- 
mittee, which motion prevails, and the Chair orders the bill re-referred to the Judi- 
ciary I Committee. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 1065 House OF Representatives 

(Senate Committee Substitute) July 7, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on Senate C. S. for House B. 
No. 1065, A BILL TO BE ENTITLED AN ACT TO PROVIDE FIRST AVAIL- 
ABLE BED PRIORITY FOR NURSING HOME PATIENTS TEMPORALLY AB- 
SENT FROM A NURSING FACILITY DUE TO HOSPITAL STAY to the end that 
when a similar action has been taken on the part of the Senate, we will order the bill 
enrolled. 

Respectfully, 
S/Grace Collins 
Principal Clerk 



July 7, 1988 



208 . SENATE JOURNAL [Second Session 

WITHDRAWAL FROM COMMITTEE 

H.B. 2643 (Committee Substitute), a bill to appropriate funds for certain public 
purposes. 

On motion of Senator Plyler the rules are suspended and the Committee Substitute 
bill is taken from the Appropriations Committee and is placed on the Calendar 
for today, for immediate consideration. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 1853 (House Committee Substitute), a bill to conform the General Statutes to 
an opinion of the United States Supreme Court by requiring notice to known creditors 
of the last date for presentation of claims against a decedent's estate, for concurrence 
in the House Committee Substitute bill. 

On motion of Senator Ezzell, the rules are suspended, and the House Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Ezzell, the Senate concurs in the House Committee Substitute 
bill (electronically recorded) and the House Committee Substitute bill is ordered en- 
rolled. 

On motion of Senator Harrington, seconded by Senator Tally, the Senate adjourns 
at 7:30 P.M. to meet tomorrow at 11:00 A.M. 



ONE HUNDRED SIXTY-FIRST DAY 

Senate Chamber, 
Friday, July 8, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, there's an ole' Sunday School song which has instructed us to 'count 
our blessings, naming them one by one.' 

"As the Senate approaches the closing hours of this summer session, we offer Thee 
our thanks for the Principal Clerk and her staff, the Sergeant-at-arms and her staff, 
the Reading Clerk, the Institute of Government, the doctors of the day, the pages and 
those who lead them, and all those who enable a bill to become law — from the original 
research to the final publishing. 

"We also are grateful for the Supervising Clerk and the secretaries who work so 
willingly and well, the police, the computer operators, those who write our checks, 
those who serve our food, those who manage the mail, phones, information, and li- 
brary, the grounds and housekeepers, and those who maintain and supply, and those 
who greet and guide our guests. 

"Especially do we thank Thee for each member of this Senate; and for the Senate 
President, and all those who enable him to serve us in excellent ways. 

"And now, O Lord, having counted our blessings (as the song says), the hour draws 
near when we offer to the people of this State, and to Thee, the labors of our hands, 
our heads, our hearts. 



July 8, 1988 



1988] SENATE JOURNAL 209 

"That which pleases Thee, wilt Thou prosper it. If in anything we have offended 
Thee, wilt Thee quickly toss it aside into the trash bin of history; 

"And we shall be careful to praise Thee, from Whom all blessings flow. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, July 7, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 1823, an act to allow the district court to sit in Havelock. (Ch. 1075) 

H.B. 1144, an act to amend the law relating to penalties for violation of the reve- 
nue laws. (Ch. 1076) 

S.B. 1853, an act to conform the General Statutes to an opinion of the United 
States Supreme Court by requiring notice to known creditors of the last date for presen- 
tation of claims against a decedent's estate. (Ch. 1077) 

H.B. 133 (Senate Committee Substitute), an act to provide that the same type of 
joint accounts and trust accounts are available to customers of all financial institutions 
as recommended by the General Statutes Commission. (Ch. 1078) 

H.B. 364 (Committee Substitute), an act to simplify and expedite the process for 
reviewing decisions regarding exceptional children and to provide for mediation of dis- 
agreements. (Ch. 1079) 

H.B. 1065 (Senate Committee Substitute), an act to provide first available bed 
priority for nursing home patients temporarily absent from a nursing facility due to 
hospital stay. (Ch. 1080) 

H.B. 1206 (Committee Substitute), an act to repeal an obsolete provision in the 
Revenue Laws, modify the definition of "flea market" for license tax purposes, and 
make technical corrections to election laws, and the employee theft statute. (Ch. 
1081) 

H.B. 1288 (Committee Substitute), an act to repeal an obsolete law, to make tech- 
nical changes to the Revenue Act, to modify the law regarding privilege licenses for 
certain employment agencies, to modify the standards for issuing licenses for refrigera- 
tion contractors, and to make clarifying and technical amendments to various laws 
relating to low-level radioactive waste and hazardous waste. (Ch. 1082) 

H.B. 2310, an act to amend G.S. 58-490 to include the Redevelopment Commis- 
sion of the Town of Tarboro in the definition of "local government". (Ch. 1083) 

H.B. 2560, an act to establish the State Advisory Council on Indian Education. 

(Ch. 1084) 

H.B. 2643 (Committee Substitute), an act to appropriate funds for certain public 
purposes. (Ch. 1085) 



July 8, 1988 



210 . SENATE JOURNAL [Second Session 

CONFERENCE REPORT 

H.B. 2641 

(Senate Committee Substitute) 

Senator Plyler for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives on H.B. 2641 (Committee Substi- 
tute), a bill to appropriate funds for the 1988-89 fiscal year submits the following 
Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Senate Committee Substitute for House Bill 
2641, AN ACT TO APPROPRIATE FUNDS FOR THE 1988-89 FISCAL YEAR, 
wish to report as follows: 

The House concurs in the Senate Committee Substitute as amended with the follow- 
ing amendment: On page 1 through page 137, line 34, delete the entire Senate Com- 
mittee Substitute as amended and substitute the attached Proposed Conference Com- 
mittee Substitute, PCCS 9754. 

The attached report of the conferees dated July 7, 1988 is also a part of this report. 

And the Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the day of 

S/Aaron W. Plyler S/William T. Watkins 

S/Kenneth C. Royall, Jr. ' S/Martin L. Nesbitt 

S/Russell Walker S/Robert C. Hunter 

S/Marc Basnight S/Edd Nye 

S/Helen Marvin S/Bertha Holt 

S/Marvin Ward S/Bruce Ethridge 

S/R. P. Thomas S/Sidney A. Locks 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

The text of the attached proposed Conference Committee Substitute and the report 
attached thereto are as follows: 

HOUSE BILL 2641 

Committee Substitute Favorable 6/28/88 '' 

Proposed Conference Committee Substitute PCCS9754 

Short Title': Appropriations/ 1988-89. (Public) 

Referred to: Appropriations. 

June 21, 1988 

A BILL TO BE ENTITLED 
AN ACT TO APPROPRIATE FUNDS FOR THE 1988-89 FISCAL YEAR. 

The General Assembly of North Carolina enacts: 

Section 1. The appropriations made in this act are for maximum amounts nec- 
essary to provide the services and accomplish the purposes described in the budget. 
Savings shall be effected where the total amounts appropriated are not required to 
perform these services and accomplish these purposes and, except as allowed by the 
Executive Budget Act, or this act, the savings shall revert to the appropriate fund at 
the end of each fiscal year. 



July 8, 1988 



1988] SENATE JOURNAL 211 

PART I. GENERAL FUND/CURRENT OPERATIONS OF STATE 

GOVERNMENT 

Sec. 2. Section 2 of Chapter 738 of the 1987 Session Laws, as amended by 
Section 2 of Chapter 886 of the 1987 Session Laws, reads as rewritten: 

"Sec. 2. Appropriations from the General Fund of the State for the maintenance of 
the State departments, institutions, and agencies, and for other purposes as enumer- 
ated except for aid to certain governmental and nongovernmental units are made for 
the biennium ending June 30, 1989, according to the following schedule: 

Current Operations-General Fund 19g7-gg 19Sg-S9 

General Assembly $ 13,775,242 $ 16,636.353 

Judicial Department 151,146,101 157,353,113 

1^3. ^^9. OM 

Department of the Governor 4,089,063 4,118,251 

Lieutenant Governor's Office 712,503 513,133 

Department of Secretary of State 2,633,872 3, 8 13,066 

2.931.712 

Department of State Auditor 6,350,979 6,410,906 

Department of State Treasurer 3,872,684 3,699,281 



Department of Public Education 2,498,598,824 



2.661.511.426 



Department of Justice 41,896,189 11,1 8 7,936 

41.748.175 

Department of Agriculture 33,586,010 33,737,066 

35.908.860 

Department of Labor 6,626,328 6,726,797 

Department of Insurance 11,099,959 11,144,224 

Department of Administration 42,463,756 13,917,58 8 

44.650.078 

Departmeat of Transportation - 

Aeronautics 116,571 116,571 

Department of Natural Resources 

and Community Development 59,594,311 58,563,101 

59.781.982 

Office of Administrative Hearings 1,883,791 1,874,045 

Office of State Budget and 

Management 3,256,136 3,411,979 



July 8, 1988 



212 * SENATE JOURNAL [Second Session 

Department of Human Resources 

01. Alcoholic Rehabilitation 

Center - Black Mountain 2,934,623 2,9 8 6,736 

2.987.028 

02. Alcoholic Rehabilitation 

Center - Butner 2,725,581 2,736,716 

2.728.839 

03. Alcoholic Rehabilitation 

Center - Greenville 2,369,121 3,391,556 

04. N.C. Special Care Center 3,850,572 3,913,619 

05. Black Mountain Center 464,080 17 8 ,375 

581.162 

06. DHR - Administration and 

Support Program 6,788,729 6, 8 06,069 

07. Schools for the Deaf and 

Blind 20,281.056 20,509.115 

19,720.94^ 

08. Division of Health Services 48,829,882 17,585,329 

47.885.329 

09. Social Services ' 72,957,253 76,156,555 

7 ? . 9 0?, (^9 4 

10. Medical Assistance 255,214,369 3 88 ,536,093 

302.526.434 

1 1 . Division of Services for the 

Blind 5,887,010 5,935,924 

12. Division of Mental Health, 
Mental Retardation and 

Substance Abuse Services 10,664,886 10,385,624 

13. Dorothea Dix Hospital 32,372,589 33,621,310 

31. '^§'7.7^3 

14. Broughton Hospital 26,435,921 36,716,130 

27.Q 97. S 93 

15. Cherry Hospital 26,897,587 37.193,093 

26.054.777 

16. John Umstead Hospital 26.498.658 36.931,3 8 3 

26.?41.'^8^ 

17. Western Carolina Center 2,895,233 3,096,101 

2.S7 S.4g l 

18. O'Berry Center 3,587,669 3.719,154 

3.6^7.040 



July 8, 1988 



1988] SENATE JOURNAL 213 

19. Murdoch Center 15,402,682 15.503,346 

20. Caswell Center 11,587,364 11, 053, 101 

12.138.301 

21. Division of Facility Services 26,001,329 36,115,147 

2 ^.1 7 0. 1 47 

22. Division of Vocational 

Rehabilitation Services 21,143,144 23,133,116 

21.432.11^ 

23. Division of Youth Services 25,287,438 25,594.590 

24. State-Aid Non-State Entities 153,319 296,530 

Total Department of Human 

Resources 651,230,095 6 8 9,737,991 

^97.89(^ .07 3 

Department of Correction 262,447,914 376,131,190 

287.244.914 

Department of Commerce 22,740,249 33.730,731 

22.802.734 

Department of Revenue 40,094,088 11,616.393 

44.12^.481 

Department of Cultural Resources 18,376,944 18.519,558 

Department of Crime Control and 

Public Safety 18,458,611 17,7 8 7.133 

22. ?^9.2 4 8 

University of North Carolina - 
Board of Governors 

01. General Administration $ 15,865.019 $ 16.676,117 

02. University Operations - 

Lumpsum 27,689,188 37,799,367 

35.722.695 

03. Related Educational Programs 3,899,821 4,015,524 

04. University of North Carolina 
at Chapel Hill 

a. Academic Affairs 114,340,237 114,630,318 

b. Division of Health Affairs 81,799,242 8 3,317,899 

§2.61' ^. ^ 4 9 

c. Area Health Education 

Centers 27,282,717 27,289,611 

05. North Carolina State 
University at Raleigh 



July 8, 1988 



214 . SENATE JOURNAL [Second Session 

a. Academic Affairs 144,955,453 116,903,113 

146.953.112 

b. Agricultural Research 

Service 30,762,254 30,775.1 8 7 

30.815.635 

c. Agricultural Extension 

Service 24,117,393 24,173,687 

06. University of North Carolina 

at Greensboro 43,454,411 44,262,024 

07. University of North Carolina 

at Charlotte 40,901,044 41,071,501 

08. University of North Carolina 

at Asheville 11,552,575 11,732,050 

09. University of North Carolina 

at Wilmington 24,140,832 24,402,742 

10. East Carolina University 99,726,556 100,903,641 

11. North Carolina Agricultural 
and Technical State 

University 29,221,544 29,333,812 

12. Western Carolina University 29,172,895 39,273,027 

29.522.027 

13. Appalachian State University 41,033,921 41,192,349 

14. Pembroke State University 11,272,039 11,407,576 

15. Winston-Salem State 

University 13,415,516 13,668,478 

16. Elizabeth City State 

University 9,714,745 9,784,803 

17. Fayetteville State University 13,551,535 13,615,775 

18. North Carolina Central 

University 24,082,211 24,181,242 

19. North Carolina School of 

the'Arts 7,471,387 7,609,745 

20. North Carolina Science and 

Math High School 5,584,259 5,759,907 

21. North Carolina Memorial 

Hospital 27,805,159 28,493,798 

Total University of North 

Carolina 902,811,953 911,303,393 

919. §34. §18 

Department of Community Colleges 310.371.821 301, 311, 9*13 

302.3§3.§M 



July 8, 1988 



1988] ' SENATE JOURNAL 215 

State Board of Elections 1,177,512 419,256 

Contingency and Emergency 1,125,000 1,125,000 

Office of State Budget - 

Other Reserves 8,300,000 

Reserve for Benefits for Part- time 

Employees 875,000 905,000 

Reserve for Salary Increase 198,600,000 202,000,000 

40^.37^.0^2 

Reserve for Salary Adjustments 500,000 500,000 

4.QQ0,00Q 

Reserve for Telephone Systems 500,000 500,000 

Reserve for Health Benefit Premiumlncrease 47,000,000 65,100,000 

56.870.454 

Reserve for Electronic Data 

Processing 500,000 500,000 

Debt Service 73,929,627 71,636,370 



GRAND TOTAL CURRENT OPERATIONS- 
GENERAL FUND $5,440,741,133 $5,651 ,0 8 8, " 164" 

$5.921.889.767" 

PART H. CURRENT OPERATIONS/GENERAL FUND/AID TO 

CERTAIN GOVERNMENTAL AND NONGOVERNMEN- 
TAL UNITS 

Sec. 3. Section 2 of Chapter 830 of the 1987 Session Laws reads as rewritten: 

"Sec. 2. Appropriations from the General Fund of the State to State departments, 

institutions, and agencies for aid to certain governmental and nongovernmental units 

as enumerated are made for the biennium ending June 30, 1989, according to the 

following schedule: 

General Fund 1987-88 1988-89 

Judicial Department 367,450 389,360 

4^7.g(^0 

Office of State Budget - State Aid 19,914,685 9,105,000 

14.763.750 

Department of State Auditor 5,934,865 5,934,865 

Department of Public Education 8,661,797 10,861,797 

15.076.797 

Department of Justice 50,000 



1987-88 


367 


450 


19.914 


685 


5,934 


865 


8,661 


797 



Department of Agriculture 230,014 

Department of Insurance 200,000 



50.000 


230,014 


200,000 


July 8, 1988 



216 . SENATE JOURNAL [Second Session 

Department of Administration 2,184,520 2.059,520 

2.427.^20 

Department of Transportation 

01. Aeronautics 5,045,000 5,0^5,000 

5.545.000 

02. Aid to Railroads 100,000 100,000 

Total Department of Transportation 5,145,000 5,115,000 

Department of Natural Resources 

and Community Development 9,678,962 8 ,013,963 



Department of Human Resources 



07. Division of Facility Services 



08. Division of Youth Services 

09. State Aid. Local Programs 

(a) Inflationary Increases 

(b) Salary Increases 



Total Department of Human 
Resources 



Department of Correction 
Department of Commerce 

Reserve for Biotechnology Center 
July 8. 1988 



9. 79? . 9(^2 



01. DHR - Administration and 

Support Program 1,543,563 1,253,563 

4.981.563 

02. Division of Health Services 26.212.081 25,109,991 

26.379.994 

03. Social Services 15,007.324 15.007,324 

04. Social Services - State Aid to 

Non-State Agencies 4.714,318 1.77 8 .323 

?.^S?.129 

05. Division of Services for the 

Blind 22.000 12.000 

06. Division of Mental Health, 
Mental Retardation and 
Substance Abuse Services 



132.865,821 


136,105.679 

143.438.179 


2,297,795 


1.906.803 
2.051.802 


13,626,226 


13,626,226 


1.422.089 
6,115.660 


2,750,379 

6,115,660 

12.141.763 


203,826,877 


206,965,949 
225.974.??9 


75.000 


75,000 


10.583,922 


3.630.660 
4.300.660 


6,360,200 


6.360.200 



1988] SENATE JOURNAL 217 

Reserve for Microelectronics 

Center of North Carolina 18,453,600 14,155,896 

Department of Cultural Resources 16,995,250 17, 2^15, 250 

Department of Crime Control and 

Public Safety 761,800 556,000 



771.967 



University of North Carolina 
Board of Governors 



01. Related Educational Programs 33,688,815 35, 8 4 8 ,000 

3 ^.997.2 19 

02. North Carolina St ate Universitv- 

Academic Affairs z_ IQQ.QOQ 

OS-^East Carolina University 105,000 55,000 

01^ 105.000 

O^^Appalachian State University 35,000 35,000 



-Western Carolina University 250,000 250,000 

05t— Elizabeth City State 

il^University 150,000 150,000 

Total University of North 

Carolina 34,228,815 36,33 8 .000 

36.637.219 

Department of Community Colleges 381,650 381,650 

GRAND TOTAL GENERAL FUND $ 344,034,407 $ 327,67 8 ,123" 

$ 3^Q,<^23,^3 ^" 

PART in. GENERAL FUND/CAPITAL IMPROVEMENTS 

Sec, 4. Section 4 of Chapter 795 of the 1987 Session Laws reads as rewritten: 
"Sec. 4. Appropriations are made from the General Fund for use by the State 
departments, institutions, and agencies to provide for capital improvements according 
to the following schedule: 

Capital Impr9v?m?m§ 1987-88 1988-89 

Department of Administration (Total) $14,300,000 $ 25,000,000 

$ 34.800.090 

.01 Construction of Underground 
Parking and Thermal Storage 
Facility 3,600.000 

.02 New Museum of History- Supplement 8,000,000 

.03 Construction of a new Education 

Building - 25,000,000 

32.000.000 



July 8, 1988 



218 * SENATE JOURNAL [Second Session 

.04 Bath Building Renovation for 

Additional Health Laboratory Space 2,600,000 

.05 Office of Administrative Hearings- 
Roof Repairs and Removal of 
Handicap Barriers 100,000 , - 

■ 06 Revenue Building - Final Drawings 

for construction of new six-floor 

laiiiiix mum. 

.07 Underground Parking - North end 
of Bicentenn ial Mall (H 2427 - 
S2.5 million bond authorization - 

■ 08 Infrastructure Needs for Blue 

Ridge Road Complex - Extension 

to new Toxic Metal and Organic 

AnalYtjgal Lat) mLOM 

.09 State C apitol Grounds Improvements 
rsSOO.OOQ from repairs and 
renovations reserve in Office of 
State Budget -. 

■ 10 Low Level Radioactive Waste 

Managgmgnt Sit? D?v?l9pm?m 2.000.Q00 

Department of Cultural Resources (Total) 475,000 575,000 

1.199. lOQ 

,01 Ziegler House in Edenton- 

Renovations and Equipment 25,000 - 

.02 New History Museum-Equip 

\he Sports Hall of Fame Exhibit - 250,000 

.03 Museum of the Cape Fear in 

Fayetteville- Renovations 125,000 - 

.04 Thomas Wolfe Memorial - 
Construction of a New 
Visitors Center 325,000 325,000 

• 0^ TrvQn F^l^c? - R?nQvatg 

DisQswav Hpys? loo-ooo 

.06 Art Museum - Completion of 

Landscape Proiect 474.100 

Sit? - R?n9vati9n§ ^0.000 

Department of Agriculture (Total) 4,126,180 1,600,700 

S.l^O.^OQ 

.01 Western Farmers' Market- 

a. Addition to the Fruit and 

Vegetable Building 280,000 

b. Construction of a Small 

Truck Shed 50.000 



July 8, 1988 



1988] SENATE JOURNAL 219 

.02 Western N.C. Agriculture 

Center- Paving 225,000 



.03 Watercraft Museum-Construction 

of a New Facility 259,000 



.03 Reserve for Civil Works Projects 1,409,000 



29 0,700 



.04 Raleigh Farmers' Market 

Completion of New Facility - 1,500,000 

.05 Triad Farmers' Market- 
Purchase of Land 3,000,000 

.06 Oxford Tobacco Research Station- 
Construction of a Farm Storage/ 
Maintenance Building and a 
Supervisor's Dwelling 157,400 100,700 

.07 Mountain Research Station at 
Waynesville-Construction of a 
Multi-Purpose Education Building 154,780 

■ 08 Office and Conference Center. 

Ti^ewat?r Re$^arph Q^lW^l - 

Con^trv^tjon ?uppQrt fpr 

designed facilitv ?.g?O.QQ0 

■ 09 State Fairgrounds - curbs. 

gutters, other improvements 1.0]?. 100 

.10 Butner Warehouse - 

Fr??z?r A<^<;iiti9n g4i.0Q0 

.11 Agronomic Lab - Planning for 

new facilitv 225.000 

.12 Western N.C. Agriculture 

C?ntgr - Un«;l Fur9ha§9 350.ooo 

Department of Commerce (Total) 19,900,000 16,000,000 

.01 State Ports- Expansion, 

Modernization and Development 

and Purchase of Radio Island 19,900,000 16,000,000 

Department of Natural Resources and 

Community Development (Total) 9,234,000 8 ,^50,000 

13.513.000 

.01 N.C. Zoological Park-Continued 
Development of the North American 
Phase 6,000,000 

3. ^ 0.0 00 

.02 Toxic Metal and Organic Analytical 
Laboratory-Planning and New 
Construction 600,000 7,800,000 



503.000 



July 8, 1988 



220 " SENATE JOURNAL [Second Session 

.04 Jordan State Forest 

Development 400,000 - 

.05 Bladen Lake State Park- Restroom •- 

Facilities 25,000 

.06 Marine Fisheries- Complete 
Construction of Building in 
Morehead City 150,000 

.07 Wildlife Resources-Acquisition 
of the Timber Deed on Conine 
Island Tract, Bertie County 650,000 650,000 

• Qg $t^iiing§ Air Fi?l<;l - Rgp^irs \q 
AprQns 9f Airfield ($312. QOO Uqui 
Highway Funds') - 

■ 09 Dredgin g of North Channel - 

Dare County ^OO.OOQ 

.10 Eno Rjy er State Park - Land 

Pyr?ha§g 2^Q.Q00 

.11 N?w Riv?r gt^t? Park - C^nstrypt 

.12 Lake James State P ark - Development 250.000 

Department of Crime Control and 

Public Safety 202,967 

.01 Armory Construction 60- person 
Armory, Marion 

Total Requirements $1,059,186 

Less Federal Receipts 775,640 

Less Local Receipts 141,773 

Appropriation 141,773 

.02 Supplemental Funds for Armories 

in Wadesboro and Taylorsville 61,194 - 

.03 National Guard Military Center 

Addition - planning. Raleigh 65.0QQ 

Department of Correction (Total) 6,765,000 

.01 Reserve for Prison Recreation 
Facilities and for Repairs and 
Renovations '■ 5,000,000 

.02 Cumberland County- Reserve for 

Work Release Facility 1,230,000 

.03 Washington County Prison Unit 

at Creswell-Drainage System 85,000 

.04 Western Correctional Center- 
Construction of a Chapel 450,000 



^um 



1.458.000 



^um. 



July 8, 1988 



1988] SENATE JOURNAL 221 

■ 05 Wastewater Trea tment Facility 

U pgrading. Caledonia 1. 30Q. 000 

■ 06 Comple te chaoel at Harnett 

Youth Center 2Um 



Department of Justice (Total) 1,961,800 



,01 Justice Academy Dormitory 

Building 1,961,800 



Department of Human Resources (Total) 



,01 Cherry Hospital- 

a. Renovate Water Plant 

b. Renovate Waste Water 

Treatment Plant 

.02 Broughton Hospital- 
Air Condition Patient Living 
Area 

.03 Jackson Training School- 
Construction of two new dorms 

.04 Dobbs School- 
Construction of a Multi- 
purpose Building 195,000 

,05 Eastern School for the Deaf 
in Wilson - 

a. Renovate three dormitories 

b. Air Condition Eagle Hall 

.06 Black Mountain Center - 

a. Renovate Moore Hall 
Second Floor Wing 

b. Correct ICF/MR Deficiencies 
and remove asbestos 

^ Qlh?r QngQing 

.07 Juvenile Evaluation Center - 

a. Replace window screens 

b. Construction of a new 
Vocational Building 

c. Paving and Road 
improvements 

jL Air <?9n<Jiti9ning 



8.626.923 



396.223 



■ 02 SB! Facility. Garner Road - 
Design Completion. 
gJlQ Pgv?lQpm?nt. 
and Construction Funds 8.230.7QQ 



4,510,563 


5,136,300 




^.m.m 


266,500 


- 


730,700 


- 


169,000 


3,286,000 


150,000 


2,150,300 



511,000 
89,000 


- 


100,000 


- 


1,380,924 


- 


_ 


852.000 


88,439 




680,000 


- 


150,000 


100.000 




July 8, 1988 



5,500,000 


4,188,000 


2,200.000 


2,225,500 


2,100,000 


2,100,000 
500.000 


3,000,000 


3,350,000 


7,000,000 


7,823,000 


2,000,000 


2,485,000 



222 . SENATE JOURNAL [Second Session 

Department of Community Colleges 

(Total) 25,888,125 19,161,366 

29.346.726 

University of North Carolina Board 

of Governors (Total) 63,018,200 53. 6 8 4.100 

93.298.900 

.01 Appalachian State University - 
Classroom Building for 
College of Business 

.02 East Carolina University - 

a. Sports Medicine Physical 
Education Facility 

b. Renovations/ Additions to 
the Brody Building 

£. Un<J ApqyJsitiQn 

.03 Fayetteville State University - 
New School of Business 
Administration Building 

.04 North Carolina A & T 
University - New Library 
Building 

.05 North Carolina Central 
University - Renovation of 
Major Facilities 

.06 North Carolina State 
University - 

a. Forest Resources - Expansion 
of Robertson Pulp and Paper 
Lab 4,402,000 

b. Textile School Facilities 
Equipment 3,000,000 3,000,000 

S^ Addition/Remodel 

S<?9U H a ll z 8,863,500 

d. Planning Funds - 

C?nt?nnial Campus 

Sit? D?v?l9pmgnt z 1.710.000 

.07 Pembroke State University - 
Addition to Oxendine Science 
Building 1,200,000 1,253,600 

.08 University of North Carolina 
at Asheville - 

a. Graduate Center and Classroom 
Building 5,558,500 

b. Western North Carolina 
Arboretum - 1.449.500 

3.499.^ 00 
<L D??ien and gjt? wgrK tQi 

Conference Center z 2. 377. QQQ 

iL C9mpl?t? Design Iqi Fhyskal 

E<;|ygali<?n Building z . 300.000 



July 8. 1988 



1988] SENATE JOURNAL 223 

e. Kellog Center ^_ IQO.QOO 

.09 University of North Carolina at 
Chapel Hill - 

a. Biology/Biotechnology 

Building 5,000,000 5,994,500 

b. Alcohol Studies Center 2,000,000 2,255,700 

c. Family Physicians Center 3,600,000 3,665,000 

d. Construction of a Community 
Learning and Living Center 

for Autistic Adults (TEACCH) 638,000 

e. Complete Design for School 

of Social Work ^_ 2^0.000 

.10 University of North Carolina at 
Charlotte 

a. Office/Classroom Building for 

College of Architecture 3,600,000 3,657,000 

b. College of Engineering, 

Applied Research Lab Facility - 6,500,000 



1 1 University of North Carolina at 

Greensboro - Land Acquisition 3,000,000 



7.7?Q . Q 00 



^O Q.OOO 



.12 Western Carolina University - 

a. Warehouse and Storage 

Building 1,829,700 

b. Renovate Stillwell 

Building 3,520,000 

c. Renovate McKee Building 

and Hoey Auditorium - 2,737,600 

i Lan<;^ AQquisiUon - 425.000 

,13 SchQQl Qf th? Art? - Rgngvat? 

- 5,989,000 



^44 

.14 University Advance Planning 

Funds 3,280,000 

.15 University Repairs/ 

Renovation Reserve - 15.000.000 



.16 Agricultural Programs - 

a. Mountain Horticulture Crops 
Research Station and Extension 
Center at Fletcher - 

Landscaping and Renovations 140,000 

b. North Carolina State 
University - Complete 
construction of stalls at 

Equine Teaching Facility 200,000 



July 8, 1988 



224 . SENATE JOURNAL [Second Session 

I 
c. North Carolina State 

University - completion of . 



Swine Research Facility 
<i, Mitchell 4-H Camp - Repairs 
fin<;l Renovations 


250,000 


272.500 


?, §w?nnftn<?a 4-H Camp - Land 

Purchase and Development 


. 


27.500 


Office of State Budget and Management 
(Total) 


7,363,200 
7. 03?, 200 






29.m,m 


.01 Reserve for Repairs and 
Renovations 


7.033.200 






2.184.300 


,Q2 C<?n§trv?tiQn pf n?w ^Qxms 
1^00 b?^§) iQx Departm?m <?t 
CQrr??!i9n 


- 


17.447.391 


• 0? $?w?r and Wat?r Crams 




10.000.000 


GRAND TOTAL - GENERAL FUND 


$ 157,420,035 


$129,207,626 
$242.47?. 140 



PART IV. FEDERAL BLOCK GRANT/APPROPRIATIONS 

Requested by: Senator Walker, Representative Nye, Senator Basnight, Representative 
Colton, Representative Bruce Ethridge 

APPROPRIATION OF BLOCK GRANT FUNDS 

Sec. 5. Section 4 of Chapter 738 of the 1987 Session Laws reads as rewritten: 
"Sec. 4. (a) Appropriations from federal block grant funds are made for the fiscal 
year ending June 30, 1988. June 30. 1989. according to the following schedule: 

.TOB TRAINING PARTN ERSHIP ACT 

01. Title II A funds to the 26 

service delivery areas to train 
economically disadvantaged youth 

and adults $25,127,115 

$24.221.167 

02. Education set aside to State 

education agencies for projects 

to serve eligible participants 2,577,174 

^ 2.484.222 

03. Incentive grants and technical 

assistance funds to service 

delivery areas 1,932, 88 

1-863.167 

04. Funds for training economically 

disadvantaged older workers 966,110 

931.583 



July 8, 1988 



1988] 



SENATE JOURNAL 



225 



05. Funds to the Department of Natural 

Resources and Community Development 
to administer and audit all 
activities related to the Job 
Training Partnership Act Programs 



06. Title II B Summer Youth Employment 
and Training funds to service 
delivery areas for economically 
disadvantaged youth 



07. Title III Dislocated workers funds 
to the Employment Security 
Commission 



TOTAL JOB TRAINING PARTNERSHIP ACT 



COMMUNITY SERVICES BLOCK GRANT 

01. Community Action Agencies 



02. Limited Purpose Agencies 

03. Commission on Indian Affairs 



04. Department of Natural Resources 
and Community Development to 
administer and monitor the 
activities of the Community 
Services Block Grant 



TOTAL COMMUNITY SERVICES BLOCK GRANT 



COMMUNITY DEVELOPMENT BLOCK GRANT 

OL State Administration 



02. Urgent Needs/Contingency 

03. Development Planning Housing 

04. Economic Development 

05. Community Revitalization 

TOTAL COMMUNITY DEVELOPMENT BLOCK GRANT 



1,610,735 



10,96 8 ,303 
12.^^?, ^16 



1,92 8 . 2^13 
2.824.875 

$15,111,220 
$4(^.^31.2^9 



$ 7. 8 31,265 
S 7.541.520 

435,070 
420.000 

19,710 
1S.4S0 



135,070 
420.000 

$ 8 .721,115 
$ S,400.0 0Q 



$ — 8 50,660 
$ S2 7. ? C)0 

1,834,117 

1-777.375 

550,235 
1.Q<^<^.42^ 

7.336,46 8 
7.109.500 

26,961,520 
2^.^94.200 

$37,553,000 
$3^.37^.000 



July 8, 1988 



226 



SENATE JOURNAL 



[Second Session 



EDUCATION CONSOLIDATION AND IMPROVEMENT 

PI QCK QHAjNT 



PREVENTIVE HEALTH BLOCK GRANT 

01. Emergency medical services 



02. Health Department 

03. Hypertension Programs 

04. Health Education/ Risk Reduction Programs 

05. Health Promotion/Local Health Departments 

06. Fluoridation of Water Supplies 

07. Rape Prevention and Rape Crisis Programs 
TOTAL PREVENTIVE HEALTH BLOCK GRANT 



MATERNAL AND CHILD HEALTH SERVICES 

01. Local Maternal and Child Health 
and Family Planning Services 



02. High Risk Maternity Clinic Services, 

Perinatal Education and Child 
Vaccination Services 

03. Services to Disabled Children 



04. Sudden Infant Death Syndrome 

05. Lead-Based Paint Poisoning 
Q^. New Special Projects 

TOTAL MATERNAL AND CHILD HEALTH SERVICES 

gPCIAL gERVICES P1.0C K G R ANT 

01. County Departments of Social Service 

02. Division of Mental Health, Mental 

Retardation, and Substance Abuse 

03. Division of Services for the Blind 

04. Division of Health Services 

05. Division of Youth Services 

06. Division of Facility Services 



$12,371,979 



$ — 107,331 

933,000 
9Q2.440 

519,587 

1 8 1,003 
489.165 

459,461 



159, 8 3 8 
149.911 

89,369 

$ 3,079,5 8 2 
$ 3.01^.771 



$ 9,591,119 



1,289,835 

1,059,99 8 
4.102,2^8 

33,000 
72,000 

$15,015,952 
$1^. M 7. ^ §3 

$41,559,668 

5,770,693 
2.691,673 
1.488.019 
1,051.428 
224.299 



July 8, 1988 



1988] SENATE JOURNAL 227 

07. Division of Aging 327,424 

08. Day Care Services 11, 8 05, 88 7 

12.51 7.7^0 

09. Volunteer Services 44,970 

10. State Administration and State Level 

Contracts 2,963,1 8 3 

3.085.110 

11. Voluntary Sterilization funds 100,000 

12. Transfer to Maternal and Child 

Health Block Grant 1,000,000 

54 Q. 5 ?9 

44^- Allocation to Salary Rosorvo 

for all Divisions 350.000 

11^ Allocation to Division of Social 
Services for Child Medical 
Rvaluation Program lOQ.OOO 

14. Adult Day Care Services 161,639 

^53. 91 

15. County Departments of Social Services for 

Child Abuse/Prevention and 

Permanency Planning 400,000 

16. Allocation to Division of Health Services 

for Grants in Aid to Prevention 

Programs 445,000 

IL Tr^nsfgr t? Fr?v?ntivg Health 
Block Grant for Health 
Fr9m9ti9n Frpsrams 459.461 

TOTAL SOCIAL SERVICES BLOCK GRANT $70,3 8 3, 8 73 

$71.459.954 

LOW INCOME ENERGY BLOCK GRANT 

01. Energy Assistance Programs $33,703,453 

$21,199.157 

02. Crisis Intervention 5,136,079 

5. 1 7. 5 3Q 

03. Administration 3,630,360 

2.223.722 

04. Weatherization Program 3, 8 91. 8 3i 

2. 0Q0.0 00 

05. Indian Affairs 37,070 

31.341 

06. Transfer to Maternal and Child 

Health Block Grant 1,753,554 

for Familv Planning 741.230 



July 8, 1988 



228 SENATE JOURNAL [Second Session 

07. Emergency Medical Services 175,357 

147.478 

08. Transfer to Social Services 

Block Grant for Adult , 

Day Care Services 55 8 ,513 

472. H^2 

02^ Transfer to Social Services Block 
Grant for State Administration 
& Contract Services 221.927 

10. Transfer to Social Services Block 

Grant for Maternal and Child Health 
Block Grant in the Division of 

Hgaim 2 ^9. gQ2 

IL. Allocation to the Council on the 

Statys of Wpnign fpr th? 13th 

Prosecutorial District for 

Rape/Sexual Abuse Victim Services 25.000 

12u. Allocation to the Department of 

A^mlnigtr^tjQn fpr th? North 

Carolina Fund for Chiltir?n 50.ooo 

TOTAL LOW INCOME ENERGY BLOCK GRANT $37,1 88 ,219 

$32.399.349 

ALCOHOL AND DRUG ABUSE A ND MENTAL 
HEALTH SERVICES BLOCK GRANT 

01. Continuation of Staffing Grants to 

Area Mental Health Programs $ 130,000 

$ 140.000 

02. Funds to Area Mental Health, 

Mental Retardation, and 

Substance Abuse Programs to 

Be Distributed on a Per 

Capita Basis 2,051,556 

03. Services to Persons Who Have 

Aged Out of the Willie M. Class 1,001,503 

500.000 

04. Crisis Stabilization for the Mentally 111 119,847 

05. Group Homes, Early Intervention, 

and Day Treatment Programs * 

for Emotionally Disturbed 

Children 298,000 

06. Programs for the Chronically 

Mentally 111 3,790,73 8 

3.037. gSQ 

07. Funds to Substance Abuse Programs 3,16 8 ,1 8 5 

3.379.884 



July 8, 1988 



1988] 



SENATE JOURNAL 



229 



08. Alcohol Services Funds for Female 
Substance Abusers 



09. Administration 



10. 



Community-based Child and Family 
Residential Treatment 



591.163 

597,02 8 
621. 2QQ 



130.11 8 
203.418 



11. Training Related to the Provision 
of Mental Health Services 



12. Training Related to the Provision 
of Substance Abuse Services 



46,000 
6.000 



67.200 
56.000 



13. Child and Adolescent Sex Offenders 
Pilot Projects 



Jij. Eastern Region Detox Services 

TOTAL ALCOHOL AND DRUG ABUSE AND MENTAL 
HEALTH SERVICES BLOCK GRANT 



ALCOHOL A ND DRUG ABUSE TREATMENT AND 
REHABILITATION BLOCK GRANT 

01. Community-based Services for Youth 
Substance Abusers 



.02. Treatment Alternatives to Street Crimes 



Olu Eastern Region Detox Services 

TOTAL ALCOHOL AND DRUG ABUSE TREATMENT 
AND REHABILITATION BLOCK GRANT 



MENTAL HEALTH SERVICES FOR THE HOMELESS 
BLOCK QRANT 

ilLu Specialized Communitv Services for the 

Chr<?ni9ally Mentally 111 



Q2u. Communitv-based Services for Chronically 
Mentallv 111 Youth 

TOTAL MENTAL HEA LTH SERVICES FOR THE 
HOMELESS BLOCK GRANT 



8 9. 8 36 
119.781 

284. g^Q 



$11,671,473 

$11-375.359 



$ 2.697.140 

$2. 930. 8*^4 

319.60 8 
347.104 

^8.^80 

3.016.71 8 
3.346.^48 



220.000 



70.000 



290.000 



(b) Decreases in Federal Fund Availability 
Vi If federal funds are reduced below the amounts specified above after the effective 

date of this act, then every program, in each of the federal block grants listed above, 
shall be reduced by the same percentage as the reduction in federal funds. If federal 



July 8, 1988 



230 SENATE JOURNAL [Second Session 

funds are reduced in the Education Consolidation and Improvement Act Chapter II 
Block Grant, then the State Board of Education shall determine how reductions are to 
be made among the various local agencies. 

(c) Increases in Federal Fund Availability 

If the United States Congress appropriates additional funds for block grants after 
the effective date of this act, these funds shall be held in a reserve in each block grant 
for future allocations by the General Assembly. This subsection shall not apply to the 
Community Development Block Grant, the Community Services Block Grant, and to 
Job Training Partnership Act funds. 

(d) Education Setaside of JTPA Funds 

The Department of Natural Resources and Community Development shall certify to 
the Joint Legislative Commission on Governmental Operations and to the Fiscal Re- 
search Division of the Legislative Services Office when Job Training Partnership Act 
funds have been distributed to each agency, the total amount distributed to each 
agency, and the total amount of eight percent (8%) Education Setaside funds re- 
ceived." 

PART V SALARIES, RETIREMENT, AND EMPLOYEE BENEFITS 

Requested by: Representative Watkins 

GOVERNOR'S SALARY INCREASE 

Sec. 6. Effective July 1, 1988, G.S. 147-11 reads as rewritten: 
"§ 147-11. Salary and expense allowance of Governor; allowance to 
person designated to represent Governor's office. £al The salary of the 
Governor shall be on e hundr e d fiv e thousand dollars ($105,000) one hundred nine 
thousand, seven hundred twentv-eight dollars r$109.728^ annuallv. payable monthly. 
(b) He shall be paid annually the sum of eleven thousand five hundred dollars 
($11,500) as an expense allowance in attending to the business for the State and for 
expenses out of the State and in the State in representing the interest of the State and 
people, incident to the duties of his office, the said allowance to be paid monthly. 

fc^ In addition to the foregoing allowance, the actual expenses of the Governor 
while traveling outside the State on business incident to his office shall be paid by a 
warrant drawn on the State Treasurer. Whenever a person who is not a State official 
or employee is designated by the Governor to represent the Governor's office, such 
person shall be paid actual travel expenses incurred in the performance of such duty; 
provided that the payment of such travel expense shall conform to the provisions of the 
biennial appropriation act in effect at the time the payment is made." 

Requested by: Representative Watkins 

COUNCIL OF STATE/SALARY INCREASE 

Sec. 7. Section 12 of Chapter 738, Session Laws of 1987 reads as rewritten: 
"Sec. 12. The annual salaries for members of the Council of State, payable 
monthly, for the 19 8 7 -8 9 fiscal bionnium 1988-89 fiscal year are: 
C9yn<?il Ql Stal9 Annual Salary 

Lieutenant Governor $61,093 66.972 

Attorney General 6'1,093 66.972 

Secretary of State 64,093 66.972 

State Treasurer 64,093 66.972 

State Auditor 64,093 ^6.972 

Superintendent of Public Instruction 64,093 66.972 

Agriculture Commissioner 6 4 ,093 66.972 

Insurance Commissioner 64,093 66.972 

Labor Commissioner 64,093 66.972 . " 

Requested by: Representative Watkins 

NONELECTED DEPARTMENT HEAD/SALARY INCREASES 

Sec. 8. Section 13 of Chapter 738, Session Laws of 1987 reads as rewritten: 



July 8, 1988 



1988] SENATE JOURNAL 231 

"Sec. 13. In accordance with G.S. 143B-9, the maximum annual salaries, payable 
monthly, for the nonelected heads of the principal State departments for the 19 8 7 88 
aft4 1988-89 fiscal years vear are: 

Nonelected Denartment Heads Annual Salary 

Secretary of Administration $61,092 66.972 

Secretary of Commerce 61,092 66.972 

Secretary of Correction 61,092 66.972 
Secretary of Crime Control and 

Public Safety 61,092 66.972 

Secretary of Cultural Resources 61,092 66.972 

Secretary of Human Resources 64,092 66.972 
Secretary of Natural Resources 

and Community Development 61,092 66.972 

Secretary of Revenue 61,092 66.972 

Secretary of Transportation 61,092 66.972 . " 

Requested by: Representative Watkins 

LEGISLATORS/SALARY AND EXPENSE INCREASES 

Sec. 9. Effective upon convening of the 1989 Regular Session of the General 
Assembly, G.S. 120-3 as amended by Section 15 of Chapter 738, Session Laws of 
1987 and Section 70 of Chapter 830, Session Laws of 1987 reads as rewritten: 

"§ 120-3. Pay of members and officers of the General Assembly, (a) 
The Speaker of the House shall be paid an annual salary of twonty - nine thousand 
eight hundred eighty dollars ($29, 88 0) thirtv-one thousand two hundred twentv-four 
dollars r$31.224) . payable monthly, and an expense allowance of nine hundred sov - 
ontv - fivo dollars r$975.00> one thousand one hundred seventv-five dollars r$1.175^ 
per month. The President Pro Tempore of the Senate shall be paid an annual salary 
of oightoon thousand two hundred sovonty - six dollars ($1 8 ,276) nineteen thousand 
one hundred four dollars r$19.104') . payable monthly, and an expense allowance of 
sm — hundred — thirty ■ throo — dollars — ($633.00) eight hundred thirtv-three dollars 
r$833.001 per month. The Speaker Pro Tempore of the House shall be paid an annual 
salary of sixteen thousand e ight hundr e d thirty - six dollars ($16, 8 36) seventeen thou - 
sand five hundred ninetv-two dollars r$17.S92V payable monthly, and an expense 
allowance of four hundred ninotv - four dollars f$191.00') six hundred ninetv-four dol - 
lars ('$694.00') per month; and the Deputy President Pro Tempore of the Senate shall 
be paid an annual salary of fifteen thousand thre e hundred e ighty - four dollar s 
r$15.3 8 1^ sixteen thousand eighty dollars r$16.080^ . payable monthly, and an ex- 
pense allowance of throe hundred fiftv - four dollars r$351.00^ five hundred fiftv-four 
dollars ("$554.00^ per month. The minority leader in the House and the majority and 
minority leaders in the Senate shall be paid an annual salary of thirteen thousand 

eighty dollars ($13,0 8 0) th i rtg?n thw^an*;! ?U hvn<^T^<i eighty-eight dou^r? ($1?.^9S) . 

payable monthly, and an expense allowance of throo hundred fifty - four dollars 
($351.00) fjv? hundr?(j fJfty-fQVr <iQ\\Mi f$?M,QO) per month. 

(b) Every other member of the General Assembly shall receive increases in annual 
salary and oxponso allowanoos only to the extent of and in the amounts equal to the 
average increases received by employees of the State, effective upon convening of the 
next Regular Session of the General Assembly after enactment of these increased 
amounts. Accordingly, upon convening of the 1989 Regular Session of the General 
Assembly, every other member of the General Assembly shall be paid an annual sal- 
ary of ton thousand six hundred forty - four dollars ($10,611) eleven thousand one 
hundred twentv-four dollars ('$11.124') . payable monthly, and an expense allowance 
of two hundred sixtv - fivo dollars ('$265.00') four hundred sixtv-five dollars r$465.001 
per month. 

(c) The salary and expense allowances provided in this section are in addition to 
any per diem compensation and any subsistence and travel allowance authorized by 



July 8, 1988 



232 SENATE JOURNAL [Second Session 

any other law with respect to any regular or extra session of the General Assembly, 
and service on any State board, agency, commission, standing committee and study 
commission." 

Requested by: Representative Watkins 

GENERAL ASSEMBLY PRINCIPAL CLERKS/SALARY IN- 
CREASES 

Sec. 10. G.S. 120-37(c) reads as rewritten: 
"(c) The principal clerks shall be full-time officers. Each principal clerk shall be 
entitled to other benefits available to State employees and shall be paid an annual 
salary o f thirtv - nino thouoand throo hundred twolvo dollars r$39.312^ fortv-one thou - 
sand seventv-six dollars r$41.076) . payable monthly. The Legislative Services Com- 
mission shall review the salary of the principal clerks prior to submission of the pro- 
posed operating budget of the General Assembly to the Governor and Advisory Budget 
Commission and shall make appropriate recommendations for changes in those sala- 
ries. Any changes enacted by the General Assembly shall be by amendment to this 
paragraph." 

Requested by: Representative Watkins 

SERGEANT-AT-ARMS AND READING CLERKS/SALARY IN- 
CREASES 

Sec. 11. G.S. 120-37(b) reads as rewritten: 
"(b) The sergeant-at-arms and the reading clerk in each house shall be paid a 
salary of ono hundr e d s e v e nty - s e ven dollars ^$177.00) one hundred eightv-five dollars 
r$185.00^ per week, plus subsistence at the same daily rate provided for members of 
the General Assembly, plus mileage at the rate provided for members of the General 
Assembly for one round trip only from their homes to Raleigh and return. The ser- 
geants-at-arms shall serve during sessions of the General Assembly and at such time 
prior to the convening of, and subsequent to adjournment or recess of, sessions as may 
be authorized by the Legislative Services Commission. The reading clerks shall serve 
during sessions only." 

Requested by: Representative Watkins 

LEGISLATIVE EMPLOYEES/SALARY INCREASES 

Sec. 12. The Legislative Administrative Officer may increase the salaries of 
nonelected employees of the General Assembly in effect for fiscal year 1987-88 by an 
amount equal to the same amount as authorized in Section 19 of this act for most other 
State employees, rounded to conform to the steps in the salary ranges adopted by the 
Legislative Services Commission, commencing July 1, 1988. The granting of this leg- 
islative salary increase does not affect the status of employees' eligibility for other 
salary increments. Nothing in this Part limits any of the provisions of G.S. 120-32. 

Requested by: Representative Watkins 

JUDICIAL BRANCH OFFICIALS/SALARY INCREASE 

Sec. 13. (a) Section 19 of Chapter 738, Session Laws of 1987 reads as rewrit- 
ten: 

"Sec. 19. The annual salaries, payable monthly, for specified judicial branch offi- 
cials for the 19 8 7 -88 and 1988-89 fiscal voars year are: 
Judicial Branch Officials Annual Salary 

Chief Justice, Supreme Court > $77, 8 44 81.348 

Associate Justice, Supreme Court 76,336 79.668 

Chief Judge, Court of Appeals 73, 8 00 77.124 ♦ '' 

Judge, Court of Appeals 73,1 8 75.432 

Judge, Senior Regular Resident 

Superior Court 66,304 69.180 

Judge, Superior Court 64,093 66.972 

Chief Judge, District Court 56,533 59.076 



July 8, 1988 



1988] SENATE JOURNAL 233 

Judge, District Court 5^,373 56.820 

District Attorney 59.62 8 62.316 

Assistant District Attorney - an 

average of 3 8 ,56 8 40.308 

Administrative Officer of the Courts 66,201 69.180 

Assistant Administrative Officer 

of the Courts 53,961 56.388 

Public Defender 59,62 8 62.316 

Assistant Public Defender - an 

average of 3 8 ,56 8 40.308 

If an acting senior regular resident superior court judge is appointed under the provi- 
sions of G.S. 7A-41, he shall receive the salary for Judge, Senior Regular Resident, 
Superior Court, until his temporary appointment is vacated, and the judge he replaces 
shall receive the salary indicated for Judge, Superior Court. 

The district attorney or public defender of a judicial district, with the approval of 
the Administrative Officer of the Courts, shall set the salaries of assistant district at- 
torneys or assistant public defenders, respectively, in that district such that the average 
salaries of assistant district attorneys or assistant public defenders in that district do 
not exceed thirtv - oight thousand five hundred sixty - oight dollars ('$3 8 .56 8 ') fortv thou - 
sand three hundred eight dollars ^$40.308") and the minimum salary of any assistant 
district attorney or assistant public defender is at least ninotoon thousand four hundred 

oovonty - six dollars ($19, 176) tw^ntv lhgy?and thr?? h\in<;^rg';i fifty-tw? (jjgllars 

r$20.352V 

Tho salari e s in off e ot for fiscal year 1 98 6 -8 7 for p e rman e nt e mployees of th e Judi - 
cial Department, oxcopt for those whoso salaries aro itomizod in this act, shall bo 
increased by an amount, oommonoing July 1, 19 8 7, oqual to tho samo amount as 
authorized in Section 30 of this aot for most other State omployoost roundod to con - 
form to tho stops in tho salary rangoo adopted by tho Judicial Department. " 

(b) The salaries in effect for fiscal year 1987-88 for permanent employees of the 
Judicial Department, except for those whose salaries are itemized in this act, shall be 
increased by an amount, commencing July 1, 1988, equal to the same amount as 
authorized in Section 19 of this act for most other State employees, rounded to con- 
form to the steps in the salary ranges adopted by the Judicial Department. 

Requested by: Representative Watkins 

CLERKS OF COURT/SALARY INCREASE 

Sec. 14. G.S. 7A-101 reads as rewritten: 
"§ 7A-101. Compensation. Xai The clerk of superior court is a full-time em- 
ployee of the State and shall receive an annual salary, payable in equal monthly in- 
stallments, based on the population of the county, as determined by the population 
projections of the Office of State Budget and Management for the year preceding the 
first year of each biennial budget, according to the following schedule: 
PQPtilati9n Annual Salarv 

Less than 50,000 $31,72 8 36.288 

50,000 to 99,999 39,91 8 41.748 

100,000 to 199,999 15,156 47.184 

200,000 and above 51,516 53.832 

When a county changes from one population group to another, the salary of the 
clerk shall be changed to the salary appropriate for the new population group on July 1 
of the first year of each biennial budget, except that the salary of an incumbent clerk 
shall not be decreased by any change in population group during his continuance in 
office. 

XI2I The clerk shall receive no fees or commission by virtue of his office. The salary 
set forth in this section is the clerk's sole official compensation, but if, on June 30, 
1975, the salary of a particular clerk, by reason of previous but no longer authorized 



July 8, 1988 



234 . SENATE JOURNAL [Second Session 

merit increments, is higher than that set forth in the table, that higher salary shall not 
be reduced during his continuance in office. 

(c) In lieu of merit and other increment raises paid to regular State employees, a 
clerk of superior court shall receive as longevity pay an amount equal to four and 
eight-tenths percent (4.8%) of the annual salary set forth in the Budget Appropriation 
Act payable monthly after five years of service, nine and six-tenths percent (9.6%) 
after 10 years of service, fourteen and four-tenths percent (14.4%) after 15 years of 
service, and nineteen and two-tenths percent (19.2%) after 20 years of service. Serv- 
ice shall mean service in the elective position of clerk of superior court and shall not 
include service as an assistant, deputy, or acting clerk. Service shall also mean service 
as a justice or judge of the General Court of Justice or as a district attorney." 

Requested by: Representative Watkins 

ASSISTANT AND DEPUTY CLERKS OF COURT/SALARY 

INCREASE 

Sec. 15. G.S. 7A-102(c) reads as rewritten: 
"(c) Notwithstanding the provisions of subsection (a), the Administrative Officer 
of the Courts shall establish an incremental salary plan for assistant clerks and for 
deputy clerks based on a series of salary steps corresponding to the steps contained in 
the Salary Plan for State Employees adopted by the Office of State Personnel, subject 
to a minimum and a maximum annual salary as set forth below. On and after July 1, 
1985, each assistant clerk and each deputy clerk shall be eligible for an annual step 
increase in his salary plan based on satisfactory job performance as determined by 
each clerk. Notwithstanding the foregoing, if an assistant or deputy clerk's years of 
service in the office of superior court clerk would warrant an annual salary greater than 
the salary first established under this section, that assistant or deputy clerk shall be 
eligible on and after July 1, 1984, for an annual step increase in his salary plan. 
Furthermore, on and after July 1, 1985, that assistant or deputy clerk shall be eligible 
for an increase of two steps in his salary plan, and shall remain eligible for a two-step 
increase each year as recommended by each clerk until that assistant or deputy clerk's 
annual salary corresponds to his number of years of service. A full-time assistant clerk 
or a full-time deputy clerk shall be paid an annual salary subject to the following mini- 
mum and maximum rates: 

Assistant Clerks Annual Salarv 

Minimum $17,63 8 18.420 

Maximum 2 9 ,5 8 30.912 

Deputy Clerks Annual Salarv 

Minimum $13, 8 13 14.436 

Maximum $33,6 8 23.700 

(6) Full-time assistant clerks, licensed to practice law in North Carolina, who are 
employed in the office of superior court clerk on and after July 1, 1984, are authorized 
an entry-level annual salary of not more than three-fourths of the maximum annual 
salary established for assistant clerks. Full-time assistant clerks, holding a law degree 
from an accredited law school, who are employed in the office of superior court clerk 
on and after July 1, 1984, are authorized an entry-level annual salary of not more 
than two-thirds of the maximum annual salary established for assistant clerks. The 
entry-level annual salary for all other assistant and deputy clerks employed on and 
after July 1, 1984, shall be at the minimum rates as herein established." 

Requested by: Representative Watkins 

MAGISTRATES/SALARY INCREASE 

Sec. 16. G.S. 7A-171. 1(a)(1) reads as rewritten: 
"(1) A full-time magistrate, so designated by the Administrative Officer of the 
Courts, shall be paid the annual salary indicated in the table below according to the 
number of years he has served as a magistrate. The salary steps shall take effect on 
the anniversary of the date the magistrate was originally appointed: 



July 8, 1988 



1988] SENATE JOURNAL 235 

Table of Sa laries of Full-Time Magistrates 

Number of Prior Years of Service Annval SalarV 

Less than 1 $1^.076 14.712 

I or more but less than 3 11. 8 8 15.480 
3 or more but less than 5 16,330 17.052 
5 or more but less than 7 17,9 88 18.792 
7 or more but less than 9 19, 8 36 20.724 
9 or more but less than 1 1 31. 8 40 22.824 

I I or more 24,036 25.116 

A 'Full-time magistrate' is a magistrate who is assigned to work an average of not 
less than 40 hours a week during his term of office. 

Notwithstanding any other provision of this subdivision, a full-time magistrate, 
who was serving as a magistrate on December 31, 1978, and who was receiving an 
annual salary in excess of that which would ordinarily be allowed under the provisions 
of this subdivision, shall not have the salary, which he was receiving reduced during 
any subsequent term as a full-time magistrate. That magistrate's salary shall be fixed 
at the salary level from the table above which is nearest and higher than the latest 
annual salary he was receiving on December 31, 1978, and, thereafter, shall advance 
in accordance with the schedule in the table above." 

Requested by: Representative Watkins 

COMMUNITY COLLEGES PERSONNEL/SALARY INCREASES 

Sec. 17. The Director of the Budget may transfer from the salary increase re- 
serve fund created for fiscal year 1988-89 and included in Section 2 of this act funds 
necessary to provide an average annual salary increase of four and one-half percent 
(4.5%), including funds for the employer's retirement and Social Security contribu- 
tions, commencing July 1, 1988, for all permanent community college institutional 
personnel supported by State funds. Subject to the availability of funds, the salaries 
for temporary community college institutional personnel may be increased by pro rata 
amounts of the four and one-half percent (4.5%) average annual salary increase pro- 
vided for permanent institutional employees. These funds may not be used for any 
purpose other than for the salary increases and necessary employer contributions. 

Requested by: Representative Watkins 

HIGHER EDUCATION PERSONNEL/SALARY INCREASES 

Sec. 18. The Director of the Budget may transfer from the salary increase re- 
serve fund created for fiscal year 1988-89 and included in Section 2 of this act funds 
necessary to provide an annual average salary increase of four and one-half percent 
(4.5%), including funds for the employer's retirement and Social Security contribu- 
tions, commencing July 1, 1988, for all employees of The University of North Caro- 
lina supported by State funds who are exempt from the State Personnel Act. These 
funds shall be allocated to individuals according to rules adopted by the Board of Gov- 
ernors and may not be used for any purpose other than for the salary increases and 
necessary employer contributions. 

Requested by: Representative Watkins 

MOST STATE EMPLOYEES AND PUBLIC SCHOOL EMPLOY- 
EES/SALARY INCREASES 

Sec. 19. (a) The salaries in effect for fiscal year 1987-88 for all permanent 
full-time State employees paid from the General Fund or the Highway Fund shall be 
increased, on and after July 1, 1988, unless otherwise provided by this Part, by an 
average of four and one-half percent (4.5%), rounded to conform to the steps in the 
salary ranges adopted by the State Personnel Commission. If an employee's salary for 
fiscal year 1987-88 is not equal to a specific pay rate on the 1987-88 salary schedule, 
his salary increase, effective July 1, 1988, unless otherwise provided by this Part, shall 
be four and one-half percent (4.5%) with the annual salary adjusted so as to be divis- 
ible by 12. 



July 8, 1988 



236 SENATE JOURNAL [Second Session 

Except as otherwise provided in this act, the fiscal year 1987-88 salaries for 
permanent full-time State officials and persons in exempt positions that are recom- 
mended by the Governor or the Governor and the Advisory Budget Commission and set 
by the General Assembly shall be increased by an average of four and one-half percent 
(4.5%), commencing July 1, 1988. 

The salaries in effect for fiscal year 1987-88 for all permanent part-time State 
employees shall be increased on and after July 1, 1988, by pro rata amounts of the 
four and one-half percent (4.5%) average salary increase provided for permanent 
full-time employees covered by the provisions of this subsection. 

The Director of the Budget may allocate out of special operating funds or from 
other sources of the employing agency, except tax revenues, sufficient funds to allow a 
salary increase, on and after July 1, 1988, averaging four and one-half percent 
(4.5%), including funds for the employer's retirement and Social Security contribu- 
tions, for the permanent full-time and part-time employees of the agency, provided 
the employing agency elects to make available the necessary funds. 

Within regular Executive Budget Act procedures as limited by this act, all State 
agencies and departments may increase on an equitable basis the rate of pay of tempo- 
rary and permanent hourly State employees, subject to availability of funds in the par- 
ticular agency or department, by pro rata amounts of the four and one-half percent 
(4.5%) average salary increase provided for permanent full-time employees covered 
by the provisions of this subsection, commencing July 1, 1988. 

(b) The salaries in effect for fiscal year 1987-88 for all permanent full-time 
public school employees supported by State funds and paid from the State public 
school fund and from other special allocations to local public school units shall be 
increased by an average of four and one-half percent (4.5%), rounded to conform to 
the steps in the salary ranges adopted by the State Board of Education, commencing 
July 1, 1988. 

The salaries in effect for fiscal year 1987-88 for all permanent part-time public 
school employees supported by State funds and paid from the State public school fund 
and from other special allocations to local public school units shall be increased by pro 
rata amounts of the four and one-half percent (4.5%) average salary increase pro- 
vided for permanent full-time employees covered by the provisions of this subsection. 

The fiscal year 1987-88 pay rates adopted by local boards of education for 
school bus drivers shall be increased by at least four and one-half percent (4.5%), on 
and after July 1, 1988, to the extent that such rates of pay are supported by the alloca- 
tion of State funds from the State Board of Education. Local boards of education shall 
increase the rates of pay for all school bus drivers who were employed during fiscal 
year 1987-88 and who continue their employment for fiscal year 1988-89 by at least 
four and one-half percent (4.5%) on and after July 1, 1988. 

Requested by: Representative Watkins 

ALL STATE-SUPPORTED PERSONNEL/SALARY INCREASES 

Sec. 20. (a) Salaries for positions that are funded partially from the General 
Fund or Highway Fund and partially from sources other than the General Fund or 
Highway Fund shall be increased from the General Fund or Highway Fund appropria- 
tion only to the extent of the proportionate part of the salaries paid from the General 
Fund or Highway Fund. 

(b) The granting of the salary increases under this Part does riot affect the status 
of eligibility for salary increments for which employees may be eligible unless other- 
wise required by this Part. 

(c) The salary range maximums for all employees shall be increased to accom- 
modate the across-the-board salary increase provided by this Part so that every em- 
ployee will continue to have the same relative position with respect to salary increases 
and future increments as he would have had if these salary increases had not been 
made. 



July 8, 1988 



1988] SENATE JOURNAL 237 

(d) The salary increases provided in this act to be effective July 1, 1988, do not 
apply to persons separated from State service due to resignation, dismissal, reduction 
in force, death, or retirement, whose last workday is prior to July 1, 1988. 

(e) Notwithstanding the provisions of Section 19.1 of Chapter 1137 of the 1979 
Session Laws as amended by Chapter 1053 of the 1981 Session Laws, G.S. 
115C-12(9)a., G.S. 115C-12(16), G.S. 126-7, or any other provision of law other 
than G.S. 20-187. 3(a) or G.S. 7A-102(c), no employee or officer of the public 
school system shall receive an automatic increment and no State employee or officer 
shall receive a merit increment during the 1988-89 fiscal year, except as otherwise 
permitted by this act. 

(f) The Director of the Budget shall transfer from the salary increase reserve 
funds for fiscal year 1988-89 and included in Section 2 of this act and Section 3 of 
Chapter 738 of the 1987 Session Laws all funds necessary for the salary increases 
provided by Sections 6 through 19 and Section 25 of this act, including funds for the 
employer's retirement and Social Security contributions. 

(g) Nothing in this Part authorizes the transfer of funds from the General Fund 
to the Highway Fund for salary increases. 

Requested by: Representative Watkins 

SALARY RELATED CONTRIBUTIONS/EMPLOYERS 

Sec. 21. (a) Required employer salary-related contributions for employees 
whose salaries are paid from department, office, institution, or agency receipts shall 
be paid from the same source as the source of the employees' salary. If an employ- 
ee's salary is paid in part from the General Fund or Highway Fund and in part from 
department, office, institution, or agency receipts, required employer salary-related 
contributions may be paid from the General Fund or Highway Fund only to the extent 
of the proportionate part paid from the General Fund or Highway Fund in support of 
the salary of the employee, and the remainder of the employer's requirements shall be 
paid from the source that supplies the remainder of the employee's salary. The re- 
quirements of this section as to source of payment are also applicable to payments on 
behalf of the employee for hospital-medical benefits, longevity pay, unemployment 
compensation, accumulated leave, workers' compensation, severance pay, separation 
allowances, and applicable disability salary continuation benefits. 

(b) The State's employer contribution rates budgeted for retirement and related 
benefits as a percentage of covered salaries for the 1988-89 fiscal year are (1) eleven 
and nineteen hundredths percent (11.19%) - Teachers and State Employees; (2) six- 
teen and nineteen hundredths percent (16.19%) - State Law Enforcement Officers; 
(3) seven and sixty-two hundredths percent (7.62%) - University Employees' Op- 
tional Retirement Program; (4) thirty and eighty-one hundredths percent (30.81%) - 
Consolidated Judicial Retirement System; and (5) thirty-six and eighty-six hundredths 
percent (36.86%) - Legislative Retirement System. Each of the foregoing contribu- 
tion rates includes one and ten hundredths percent (1.10%) for hospital and medical 
benefits. The rate for State Law Enforcement Officers includes five percent (5%) for 
the Supplemental Retirement Income Plan. The rates for Teachers and State Employ- 
ees, State Law Enforcement Officers, and for the University Employees' Optional Re- 
tirement Program includes fifty-two hundredths percent (0.52%) for the Disability In- 
come Plan. 

(c) The maximum annual employer contributions, payable monthly, by the 
State for each covered employee or retiree for fiscal year 1988-89 to the Teachers' and 
State Employees' Comprehensive Major Medical Plan are: (1) Medicare eligible em- 
ployees and retirees - eight hundred fifty-eight dollars ($858.00); and (2) Non-Medi- 
care eligible employees and retirees - one thousand one hundred twenty-six dollars 
($1,126). 



July 8, 1988 



238 ' SENATE JOURNAL [Second Session 

Requested by: Representative Watkins 

POST-RETIREMENT ALLOWANCE INCREASES/RETIRED 

TEACHERS, STATE EMPLOYEES, JUDICIAL PERSONNEL, LO- 
CAL GOVERNMENT EMPLOYEES, AND LEGISLATORS 

Sec. 22. (a) G.S. 135-5 is amended by adding a new subsection to read: 
"(nn) From and after July 1, 1988, the retirement allowance to or on account of 
beneficiaries whose retirement commenced on or before July 1, 1987, shall be in- 
creased by three and six-tenths percent (3.6%) of the allowance payable on July 1, 
1987, in accordance with G.S. 135-5(o). Furthermore, from and after July 1, 1988, 
the retirement allowance to or on account of beneficiaries whose retirement com- 
menced after July 1, 1987, but before June 30, 1988, shall be increased by a prorated 
amount of three and six-tenths percent (3.6%) of the allowance payable as deter- 
mined by the Board of Trustees based upon the number of months that a retirement 
allowance was paid between July 1, 1987, and June 30, 1988." 

(b) G.S. 135-65 is amended by adding a new subsection to read: 

"(i) From and after July 1, 1988, the retirement allowance to or on account of 
beneficiaries whose retirement commenced on or before July 1, 1987, shall be in- 
creased by three and six-tenths percent (3.6%) of the allowance payable on July 1, 
1987. Furthermore, from and after July 1, 1988, the retirement allowance to or on 
account of beneficiaries whose retirement commenced after July 1, 1987, but before 
June 30, 1988, shall be increased by a prorated amount of three and six-tenths per- 
cent (3.6%) of the allowance payable as determined by the Board of Trustees based 
upon the number of months that a retirement allowance was paid between July 1, 
1987, and June 30, 1988." 

(c) G.S. 128-27 is amended by adding a new subsection to read: 

"(dd) From and after July 1, 1988, the retirement allowance to or on account of 
beneficiaries whose retirement commenced on or before July 1, 1987, shall be in- 
creased by three and six-tenths percent (3.6%) of the allowance payable on July 1, 
1987, in accordance with G.S. 128-27(k). Furthermore, from and after July 1, 1988, 
the retirement allowance to or on account of beneficiaries whose retirement com- 
menced after July 1, 1987, but before June 30, 1988, shall be increased by a prorated 
amount of three and six-tenths percent (3.6%) of the allowance payable as deter- 
mined by the Board of Trustees based upon the number of months that a retirement 
allowance was paid between July 1, 1987, and June 30, 1988." 

(d) G.S. 120-4. 22A is amended by adding a new subsection to read: 

"(d) In accordance with subsection (a) of this section, from and after July 1, 1988, 
the retirement allowance to or on account of beneficiaries whose retirement com- 
menced on or before January 1, 1988, shall be increased by the same amount as pro- 
vided to retired members and beneficiaries of the Teachers' and State Employees' 
Retirement System pursuant to the provisions of G.S. 135-5(11) and (mm)." 

(e) The Legislative Administrative Officer shall transfer to the Legislative Re- 
tirement System the sum of eighty-three thousand dollars ($83,000) from funds avail- 
able to the General Assembly for fiscal year 1988-89 to fund the provisions of subsec- 
tion (d) of this section. 

Requested by: Representative Watkins 

CERTAIN EXECUTIVE BRANCH OFFICIALS/SALARY 

INCREASES 

Sec. 25. Section 14 of Chapter 738, Session Laws of 1987 reads as rewritten: 
"Sec. 14. (a) The annual salaries, payable monthly, for the 19 8 7 -88 and 1988-89 
fiscal yoaro vear for the following executive branch officials are: 

Ex?<?ytiv? Branch Qffi<?ial§ Annval Salary 

Chairman, Alcoholic Beverage 

Control Commission $61,656 64.428 

Commissioner of Motor Vehicles 61,656 64.428 

Commissioner of Banks 61,656 64.428 



July 8, 1988 



1988] SENATE JOURNAL 239 

Deputy Banking Commissioner 17,136 55.392 

Chairman, Employment Security Commission 61,656 64.428 

State Personnel Director 64,092 66.972 

Chairman, Parole Commission 56,26 8 58.800 

Members of the Parole Commission 51,900 54.240 

Chairman, Industrial Commission 55,344 57.840 

Members of the Industrial Commission 53,9 88 56.412 
Executive Director, Agency for Public 

Telecommunications 51,900 54.240 

Director, Seafood Industrial Park Authority 31,332 35.880 

General Manager, Ports Railway Commission 46, 8 24 48.936 

Director, Museum of Art 63,192 66.036 

Director, State Poris Authority 71,664 74.892 

Controller, State Board of Education 74,1 8 1 77.520 
Executive Director, Wildlife Resources 

Commission 53,160 55.548 
Executive Director, North Carolina Housing 

Finance Agency 76,101 79.848 
Executive Director, North Carolina Technological 

Development Authority 10,761 42.600 
Executive Director, North Carolina Agricultural 

Finance Authority 60,000 62.700 

Director, Office of Administrative Hearings 54,372 56.820" 

(b) Any person carrying on the functions of a position listed in subsection (a) 
this section shall be paid only the salary set out in that subsection, and the mere clas- 
sification of the position to be some other position does not allow the salary of that 
position to be set in some other manner. 

MERIT PAY/STUDY 

Sec. 27. (a) The Legislative Study Commission on a System of Merit Pay for 
State Employees is created. The Commission shall consist of 16 members: 

(1) Six Senators appointed by the President of the Senate; 

(2) Six Representatives appointed by the Speaker of the House; and 

(3) Four persons appointed by the President of the State Employees Asso- 
ciation of North Carolina, Inc. The President of the State Employees 
Association of North Carolina, Inc. , shall be eligible for appointment to 
the Commission. The list of appointments shall be sent to the President 
of the Senate and the Speaker of the House of Representatives no later 
than the date set by subsection (b) of this subsection. 

(b) All initial appointments shall be made by August 1, 1988. Vacancies on the 
Study Commission shall be filled in the same manner as initial appointments. 

(c) The President of the Senate shall designate one Senator as Cochair and the 
Speaker shall designate one Representative as Cochair. The Cochairs shall call the 
initial meeting of the Study Commission. 

(d) The Study Commission shall conduct a study of a system of merit pay for State 
employees. 

(e) The Study Commission shall submit a report of its findings and recommenda- 
tions to the 1989 General Assembly on or before the first day of the 1989 Session of 
the General Assembly by filing the report with the President of the Senate and the 
Speaker of the House of Representatives. Upon filing its report, the Study Commission 
shall terminate. 

(f) Upon approval of the Legislative Services Commission, the Legislative Admin- 
istrative Officer shall assign professional staff to assist in the work of the Study Com- 
mission. Clerical staff shall be furnished to the Study Commission through the offices 
of the House and Senate Supervisors of Clerks. The expenses of employment of the 
clerical staff shall be borne by the Study Commission. The Study Commission may 



July 8, 1988 



240 ' SENATE JOURNAL [Second Session 

meet in the Legislative Building or the Legislative Office Building with approval of the 
Legislative Services Commission. 

(g) Members of the Study Commission shall be paid compensation, subsistence, 
and travel allowances as follows: 

(1) Study Commission members who are also General Assembly members 
at the rate established in G.S. 120-3.1; 

(2) Study Commission members who are also officials or employees of the 
State at the rate established in G.S. 138-6; 

(3) All other Study Commission members at the rate established in G.S. 
138-5. 

(h) Of funds available to the General Assembly, the Legislative Services Com- 
mission may allocate such sums as deemed necessary for use of the Legislative Study 
Commission on a System of Merit Pay for State Employees. 

Requested by: Representative Bob Etheridge and Senator Royall 

INCREASE EMPLOYER CONTRIBUTION RATE/OPTIONAL 

RETIREMENT PROGRAM 

Sec. 28. G.S. 135-5. 1(c) reads as rewritten: 
"(c) Each employing institution shall contribute on behalf of each participant in the 
Optional Retirement Program an amount equal to tho amount which tho omployoo 
would be requir e d to contribut e to th e R e tirem e nt Syst e m aa a member of tho Retir e- 
ment System ao opooifiod in G.S. 135 -8 (b)(l) a P?r<??nta8g 9f th? Participant's 99m - 
pensation as established from time to time bv the General Assemblv . Each participant 
shall contribute the amount which he or she would be required to contribute if a mem- 
ber of the Retirement System. Contributions authorized or required by the provisions of 
this subsection on behalf of each participant shall be made, consistent with Section 
414(h) of the Internal Revenue Code, by salary reduction according to rules and regu- 
lations established by The University of North Carolina. Additional personal contribu- 
tions may also be made by a participant by payroll deduction or salary reduction to an 
annuity or retirement income plan established pursuant to G.S. 116-17. Payment of 
contributions shall be made by the employing institution to the designated company or 
companies underwriting the annuities or the trustees for the benefit of each partici- 
pant, and this employer contribution shall not be subject to any State tax if made 
under the Optional Retirement Program or, otherwise, by salary reduction." 

Requested by: Representative Bob Etheridge 

FIREMAN & RESCUE SQUAD WORKER PENSION CREDITS 

Sec. 29. G.S. 118-46 reads as rewritten: 
"§ 118-46. Determination of creditable service; information furnished 
by applicants for membership. The board shall determine by appropriate rules 
and regulations the number of years' credit for service of firemen and rescue squad 
workers. Firemen and rescue squad workers who are now serving as such shall furnish 
the board with information upon applying for membership as to previous service. Not - 
withstanding anv other provisions of this Article, the Board mav grant qualified prior 
service credits to eligible firemen and rescue squad workers under such terms and con- 
ditions that the Board mav adopt when the Board determines that an eligible fireman 

Qi rg§<?tig sgy^nj w^rK^r has i???n d^nigd §y<?h §grvi<?? 9r?';iit§ thrQveh n? favU 9f his 

own. " 

Requested by: Representative Watkins . , 

ADJUST STATE EMPLOYEE/BOARD COMMISSION PER DIEM/ 

SUPERIOR COURT JUDGE EXPENSE ALLOWANCE/LEGISLA- 
TIVE SUBSISTENCE 

Sec. 30. (a) Effective January 1, 1989, G.S. 138-6 (a) (3) reads as rewritten: 

"(3) For expenses incurred for subsistence, payment of fifty - two dollars ($53.00) 

fiftv-five dollars ^$55.00') per day when traveling in-state or oLxty - four dollaro 

($6<1.00) sixtv-seven dollars f$67.00) per day when traveling out-of-state. When 



July 8, 1988 



1988] SENATE JOURNAL 241 

travel involves less than a full day (24-hour period), a reasonable prorated amount 
shall be paid in accordance with regulations and criteria which shall be promulgated 
and published by the Director of the Budget. Reimbursement to State employees for 
lunches eaten while on official business may be made only in the following circum- 
stances: 

a. When an overnight stay is required reimbursement is allowed while an employee 
is in travel status; 

b. When the cost of the lunch is included as part of a registration fee for a formal 
congress, conference, assembly, or convocation, by whatever name called. Such as- 
sembly must involve the active participation of persons other than the employees of a 
single State department, institution, or agency and must be necessary for conducting 
official State business; or 

c. When the State employee is a member of a State board, commission, commit- 
tee, or council which operates from funds deposited with the State Treasurer, and the 
lunch is preplanned as part of the meeting for the entire board, commission, commit- 
tee, or council." 

(b) Effective January 1, 1989, G.S. 7A-44(a) reads as rewritten: 

"(a) A judge of the superior court, regular or special, shall receive the annual sal- 
ary set forth in the Current Operations Appropriations Act, and in addition shall be 
paid the same travel allowance as State employees generally by G.S. 138-6(a)(l) and 
(2), provided that no travel allowance be paid for travel within his county of resi- 
dence. In addition, a judge of the superior court shall be allowed six thousand fivo 
hundred dollars ($6,500) seven thousand dollars r$7.000^ per year, payable monthly, 
in lieu of necessary subsistence expenses while attending court or transacting official 
business at a place other than in the county of his residence and in lieu of other profes- 
sional expenses incurred in the discharge of his official duties. The Administrative 
Officer of the Courts may also reimburse superior court judges, in addition to the 
above funds for travel and subsistence, for travel and subsistence expenses incurred for 
professional education." 

(c) Effective upon convening of the 1989 Regular Session of the General Assem- 
bly, G.S. 120-3. 1(a) reads as rewritten: 

"(a) In addition to compensation for their services, members of the General As- 
sembly shall be paid the following allowances: 

(1) A weekly travel allowance for each week or fraction thereof that the 
General Assembly is in regular or extra session. The amount of the 
weekly travel allowance shall be calculated for each member by multi- 
plying the actual round-trip mileage from that member's home to the 

^ City of Raleigh by the rate per mile allowed to State employees for offi- 
cial travel. 

(2) A travel allowance at the rate allowed by statute for State employees 
whenever the member travels, whether in or out of session, as a repre- 
sentative of the General Assembly or of its committees or commissions, 
with the approval of the Legislative Services Commission. 

(3) A subsistence allowance for meals and lodging at a daily rate equal to 
the maximum per diem rate for federal employees traveling to Raleigh, 
North Carolina, as set out at 51 Fodoral Rogiotor 196 8 3 May 30, 19 8 6), 
52 Federal Register 26644 TJulv 15. 1987^. while the General Assembly 
a* is in session and, except as otherwise provided in this subdivision, 
while the General Assembly is not in session when, with the approval of 
the Speaker of the House in the case of Representatives or the President 
Pro Tempore of the Senate in case of Senators, the member is: 

a. Traveling as a representative of the General Assembly or of its 
committees or commissions, or 

b. Otherwise in the service of the State. 



July 8, 1988 



242 ' SENATE JOURNAL [Second Session 

A member who is authorized to travel, whether in or out of session, 
within the United States outside North Carolina, may elect to receive, in 
lieu of the amount provided in the preceding paragraph, a subsistence 
allowance of twenty dollars ($20.00) a day for meals, plus actual ex- 
penses for lodging when evidenced by a receipt satisfactory to the Legis- 
lative Administrative Officer, the latter not to exceed the maximum per 
diem rate for federal employees traveling to the same place, as set out at 
51 Fodoral Rogiotor 19677 - 196 8 6 (May 30. 19 8 6^ 52 Federal Register 
26630-26648 fJulv 15. 1987) and at 51 Fodoral Rogistor 16 88 5 - 16 88 6 
(May 7, 1986). 52 Federal Register 33616-33617 rSep tember 4. 
1987). 
(4) A member may be reimbursed for registration fees as permitted by the 

Legislative Services Commission." 

Requested by: Representative Watkins and Senator Swain 
INCREASE EMERGENCY JUDGE PER DIEM 

Sec. 31. (a) G.S. 7A-39.3(b) reads as rewritten: 

"(b) In addition to the compensation or retirement allowance he would otherwise be 
entitled to receive by law, each emergency justice or emergency judge recalled for tem- 
porary active service shall be paid by the State his actual expenses, plus on e hundr e d 
dollarQ ($100.00) one hundred fiftv dollars r$150.00) for each day of active service 
rendered upon recall. No recalled retired or emergency justice or judge shall receive 
from the State total annual compensation for judicial services in excess of that re- 
ceived by an active justice or judge of the bench to which the justice or judge is being 
recalled." 

(b) G.S. 7A-52(b) reads as rewritten: 

"(b) In addition to the compensation or retirement allowance he would otherwise be 
entitled to receive by law, each emergency judge of the district or superior court who is 
assigned to temporary active service by the Chief Justice shall be paid by the State his 
actual expenses, plus on e hundred dollars — ($100.00) one hundred fiftv dollars 
rS150.001 for each day of active service rendered upon recall. No recalled retired trial 
judge shall receive from the State total annual compensation for judicial services in 
excess of that received by an active judge of the bench to which the judge is recalled. " 

PART VI DEPARTMENT OF ADMINISTRATION 

Requested by: Representative Hunter 

DOMESTIC VIOLENCE GRANTS/LUMP SUM PAYMENTS 

Sec. 32. Funds appropriated for grants for domestic violence programs for the 
1988-89 fiscal year and included in Section 3 of this act shall be paid to the programs 
in lump sums as soon as possible after the programs qualify for the grants. 

Requested by: Senator Royall, Representative Nesbitt 

SIPS 

Sec. 33. Section 23.1 of Chapter 876, Session Laws of 1987, reads as rewrit- 
ten: 

"Sec. 23.1 (a) The functions and powers of the Secretary of the Department of 
Administration relating to the administration of the State Information Processing Serv- 
ices are hereby transferred to the State Controller as follows: Those functions, powers 
and duties related to the authority to carry out the provisions of G.S. 143-341(9) and 
the staff and services provisions of G.S. 143B-426.21. 

(b) This section is effective until August 1. 4-9 M 1989 ." 

Requested by: Senator Royall, Representative Nesbitt 

Sec. 34. (a) The funds appropriated in Chapter 738, Section 65, Session Laws 
of 1987, to a Reserve Fund to the Department of Revenue for expenditure in Fiscal 
Year 1988-89 shall be expended as follows: one million two hundred sixty thousand 
seven hundred fourteen dollars ($1,260,714) for development of an office automation 



July 8, 1988 



1988] SENATE JOURNAL 243 

system and four hundred thousand dollars ($400,000) for development of an agency 
distributed computer capability at the Department of Revenue in cooperation with the 
State Information Processing Services and in design, implementation, evaluation, and 
documentation of a distributed data processing model for State Government. The De- 
partment of Revenue shall report on (1) the development of the office automation 
system, (2) the planning and development of the distributed computer capability, pur- 
suant to the requirements of G.S. 143-341(9) as rewritten below, and (3) the expen- 
diture of funds for these purposes to a regular monthly meeting of the Joint Legislative 
Commission on Governmental Operations not later than December 31, 1988. 
(b) G.S. 143-341(9) reads as rewritten: 
"(9) Information Processing Services. — With respect to all executive departments 
and agencies of State government, except the Department of Justice and The Univer- 
sity of North Carolina: 

a. To establish and operate information processing centers and services to serve two 
or more departments on a cost-sharing basis, if the Computer Commission decides it 
is advisable from the standpoint of efficiency and economy to establish these centers 
and services; 

b. With the approval of the Computer Commission, to charge, on a time basis, 
each department for which services are performed its proportionate part of the cost of 
maintaining and operating the shared centers and services; 

c. With the approval of the Computer Commission, to require any department 
served to transfer to the Department of Administration ownership, custody, or control 
of information processing equipment, supplies, and positions required by the shared 
centers and services; 

d. With the approval of the Computer Commission, to adopt reasonable rules for 
the efficient and economical management and operation of the shared centers and 
services; 

e. With the approval of the Computer Commission, to adopt plans, policies, proce- 
dures, and rules for the acquisition, management, and use of information processing 
equipment and personnel in the departments affected by this subdivision to facilitate 
more efficient and economic use of information processing resources in these depart- 
ments; and 

f . To develop and promote training programs to improve the technical and manage- 
rial capability of personnel in information processing functions. 

The Department of Revenue is authorized to deviate from this section's require- 
ments that departments or agencies consolidate information processing functions on 
equipment owned, controlled or under custody of the State Information Processing 
Services. All deviations from this section's requirements shall be reported in writing 
within 15 davs bv the Department of Revenue to the Computer Commission and shall 
be consistent with available funding. Th? D?panm?nt pf R?v?ny? i§ ayth9ri??4 \Q 

ft<;^9Pt ^n*^ shall ^<^qv\ pl^ns. pQli<?i?§. prc><??dyrg§, r?qyirgm?nt? ftn<3 rv]?§ fgr th? ^9- 
qyi?iU9n. manag?m?nt. and ys? Qt inf9rmatl<?n pr99?§§ins ?quipm?nt. infQrm^tjQn 
processing programs, data communications capabilities, and information systems per - 
SQnn?l in th? D?Panm?nt 9f R?v?ny?. if the plans, policies, procedures, require- 
ments. ryl?§. Qr standar*;!? a<J9Pt?d t>Y th? D?partmgm pf Rgv?ny? <j?viat? fr^m th? 
policies, procedures, or guidelines adopted bv the State Information Processing Serv - 
ings. th9?? 'jgvjatipns shall t>? allQw?^ and shall t>? r?P9rt?d in wnUng wjthin 1^ (JaYS 
W ihe D?panm?nt <?( R?v?nyg \q the Cprnpyt^r CgmmissiQn, Th? Department Qi 

Revenue shall develop an information systems capability, in cooperation with the State 
Information Processing Services, that will distribut e the Department's in formation 
processing resources and databases bet ween the agencies' two informa tion processing 
centers. The distributed system shall require that maior computer production process- 
ing, data <?9mmynicati9ns thrwgh the state data 9Qmmyni?ations network, and majQr 
^^tat>ase aetivitv shall 9n<?yr 9n <P9mpyter facilities maintained ^y the §t^t? Inf9rma- 

ti9n Pr9eeSSing Serviees. The distributed system shall allow maior data entry 



July 8, 1988 



244 ' SENATE JOURNAL [Second Session 

processing, computer program development, and computer program testing to occur 
on the Department of Revenue computer system. The Department of Revenue and the 
State Infor mation Processing Services shall develop data communications c apabilities 
between the two computer centers, subject to a security review bv the Secretary of the 
Department of Revenue. The State Information Processing Services and the Depart- 
ment of Re venue shall prepare a plan to allow for substantial recovery and operation of 
maior. critical compu ter applications at each agency 's respective facility. The plan 
shall include the names of the computer programs, databases, and data communica - 
tions capab ilities from each facility, identifying the maximum amount of outage that 
can occur p rior to the initiation of the plan and resumption of operation at the backup 
facility. The plan sh all include the names of designated personnel from bot h informa - 
tion proces sing facilities to serve as a joint disaster recovery team in the ev ent one of 
the facilities is rendered inoperable for a substantial amount of time. The plan shall 
be consiste nt with commonly accented practices for disaster recovery in th e informa - 
tion processing industry. The plan shall be tested as soon as practical, but not later 
than six months, af ter the establishment of the Department of Revenue information 
processing capability that is compatible with and partially redundant to the information 
processing capabilities at the State Information Processing Services. 

No data of a confidential nature, as defined in the General Statutes or federal law, 
may be entered into or processed through any cost-sharing information processing 
center established under this subdivision until safeguards for the data's security satis- 
factory to the department head and the Secretary of Administration have been de- 
signed and installed and are fully operational. Nothing in this section may be con- 
strued to prescribe what programs to satisfy a department's objectives are to be under- 
taken, nor to remove from the control and administration of the departments the re- 
sponsibility for program efforts, regardless whether these efforts are specifically re- 
quired by statute or are administered under the general program authority and respon- 
sibility of the department. This subdivision does not affect the provisions of G.S. 
147-58 or G.S. 143-340(14). Notwithstanding any other provision of law, the De- 
partment of Administration shall provide information processing services on a cost- 
sharing basis to the General Assembly and its agencies as requested by the Legislative 
Services Commission." 

(c) This section is effective upon ratification. 

Requested by: Senator Royall 

COMPUTER STUDY COMMISSION FUNDS 

Sec. 35. (a) Of the funds appropriated to the Office of the State Controller in 
Section 2 of Chapter 738 of the 1987 Session Laws as amended, the sum of fifty thou- 
sand dollars ($50,000) is hereby transferred to the State Information Processing Needs 
and Cost Study Commission. The funds shall be used by the Study Commission to 
evaluate the Office of the State Controller's request for funds to redesign and develop a 
State accounting system and to evaluate the research previously conducted on this 
topic. 

(b) This section is effective upon ratification. 

Requested by: Senator Royall ■■ ■ ■ • 0^ - 

SUPERCOMPUTER-POLICY BOARD 

Sec. 36. (a) Section 74(a) of Chapter 830 of the 1987 Session Laws is rewritten 
as follows: 

"(a) Of the funds appropriated to the Office of State Budget and Management in 
Section 5 of this act as amended, the sum of twelve million dollars ($12,000,000) for 
the 1987-88 fiscal year and the sum of six million dollars ($6,000,000) for the 
1988-89 fiscal year shall be used for a supercomputer that is needed both to keep 
North Carolina's universities in the forefront of scholarly research and training and to 
maintain the momentum of the Stale's science-based economic development. The 



July 8, 1988 



1988] SENATE JOURNAL 245 

funds shall be used for capital equipment, construction of a building and operating 
expenses, and shall be placed in a non-revert reserve." 

(b) The State Computer Commission and the agency, institution, or organization it 
designates as the manager for the supercomputer project shall present a written report 
on the progress of the supercomputer project to each regular monthly meeting of the 
Joint Legislative Commission on Governmental Operations through the years 1988, 
1989, and 1990. The written reports shall be delivered to the Director of General 
Assembly Fiscal Research Division not less than 48 hours prior to the beginning of the 
Commission's full meeting. The written reports shall contain at least the following 
information: the major tasks accomplished since the last report; the major tasks ex- 
pected for the project over the two calendar years after the date of the report; the 
projected budgets and expenditures of the project over the next two calendar years 
after the date of the report; the major applications and uses on the supercomputer in 
the time since the last report; and the major projected applications and uses on the 
supercomputer in the next several months that will follow the report. The report shall 
constitute a full management and status report on the supercomputer project. If so 
requested by the Cochairmen of the Joint Legislative Commission on Governmental 
Operations, the Chairman of the State Computer Commission, or his designee, shall 
present the report verbally to the meeting of Joint Legislative Commission on Govern- 
mental Operations. 

(c) If the Office of State Budget and Management, the State Computer Commis- 
sion, or any other State entity enters into a contract or other management agreement 
with the Microelectronics Center of North Carolina or any other State agency. State 
institution. State organization or nonprofit corporation for overall management of the 
supercomputer project and expenditure of these funds, and further specifies a board to 
govern the project, or if one is established subsequent to the contract that board shall 
consist of the following members: four members appointed by the General Assembly 
upon recommendation of the Speaker of the House of Representatives, to be selected 
from higher education institutions in North Carolina, major corporations in North 
Carolina, and major research organizations in North Carolina, and from among the 
general public; four members appointed by the General Assembly upon recommenda- 
tion of the President of the Senate, to be selected from higher education institutions in 
North Carolina, major corporations in North Carolina, and major research organiza- 
tions in North Carolina and from among the general public; four members appointed 
by the Governor, to be selected from higher education institutions in North Carolina, 
major corporations in North Carolina, and major research organizations in North 
Carolina, and from the general public; the Legislative Administrative Officer or his 
designee; and the Director of the supercomputer center after he or she is employed at 
the supercomputer center. 

(d) The chairman and vice-chairman of the board will be elected by the member- 
ship of the board. No member of the General Assembly may serve on the policy 
board. 

(e) Appointments shall be made no later than 30 days after the execution of the 
contract or management agreement between the Computer Commission or the Office 
of State Budget and Management and the project management organization. The ap- 
pointments will be for terms of four years each. 

Appointments made by the Governor can be removed by the Governor, and vacan- 
cies in those appointments will be filled by the Governor to fill the unexpired term. 

Appointments by the General Assembly shall be made in accordance with G.S. 
120-121, and vacancies in those appointments shall be filled in accordance with G.S. 
120-122. 

(f) Among other duties, the Policy Board shall: (i) approve the appointment of a 
Director and set his or her employment conditions; (ii) approve the specifications of 
the supercomputer and the recommendation of a successful bidder that will be chosen 
according to the procurement procedures of the Division of Purchase and Contract in 



July 8, 1988 



246 . SENATE JOURNAL [Second Session 

the Department of Administration; (iii) formulate and approve the budget and operat- 
ing policies of the supercomputer center; (iv) approve the purposes of the supercom- 
puter center; and (v) serve generally as the governing board of the supercomputer cen- 
ter. 

(g) This section is effective upon ratification. 

Requested by: Representatives Bob Etheridge and Hardaway 

CONTINUE PROGRAM TO ENCOURAGE STATE PURCHASES 

FROM MINORITY BUSINESSES 

Sec. 38. Section 52 of Chapter 738 of the 1987 Session Laws reads as rewritten: 
"Sec. 52. (a) Of the funds appropriated in a reserve to the Office of State Budget 
and Management in Section 2 of this act, the sum of fifty thousand dollars ($50,000) 
for the 1987-88 fiscal vear . and an additional sum of fifty thousand dollars r$50.000^ 
for the 198 8-89 fiscal vear if appropriated bv the General Assembly, shall be used by 
the Department to: 

(1) Identify small businesses, especially those owned by minorities, dis- 
abled persons, and women, that could do business with the State, and 
to provide pre- and post-bid information and assistance to these busi- 
nesses on how to do business with the State; 

(2) Publish and distribute to State purchasers a directory of small business 
enterprises, especially those owned by minorities, disabled persons, and 
women; and 

(3) Establish a system to monitor, record, and measure the use of small 
businesses, especially those owned by minorities, disabled persons, and 
women, by the State. 

(b) The General Assembly urges all subdivisions and agencies of the State, all 
local governments, and all other entities, authorized to use the services of the Depart- 
ment of Administration in the purchase of materials, supplies, and equipment, (i) to 
participate in a Program to Encourage Business Enterprises Owned by Minority, 
Women and Disabled Persons, and (ii) to purchase a minimum of four percent (4%) 
of their contract purchases from businesses owned by minorities, disabled persons, 
and women, provided that the purchases comply with the policy set forth in G.S. 
143-48. 

All participating entities required to use the services of the Department of Admini- 
stration in the purchase of materials, supplies, and equipment shall report to the De- 
partment of Administration in March of 1988 and in March of 1989 on what percent- 
age of their contract purchases were from businesses owned by minorities, disabled 
persons, and women, and what percentage of the contr act bids for such purchases 
were from businesses owned bv such persons. The Department of Administration 
shall provide the reports to the House and Senate Ba se Budget Appropriations Com - 
mit!??§ 9n Q?n?ral Q9v?rnm?nt in April pf 19S9, 

For the purpose of this section, whenever it is sp ecified that a business must be 
owned bv minorities, disabled persons, and women, it means such persons who are 

also gjihgr United Slates Citizens <?r Uniwd Stales NaliQnflls." 

Requested by: Representative Murphy "^ 

LOW LEVEL RADIOACTIVE WASTE MANAGEMENT 

Sec. 39. Of the funds appropriated for the 1988-89 fiscal year and included in 
Section 4 of this act to the Department of Administration for the Low Level Radioac- 
tive Waste Management Authority, the sum of one hundred thousand three hundred 
eleven dollars ($100,311) shall be transferred to the Department of Human Re- 
sources, Division of Facility Services, Radiation Protections Section, to perform its 
responsibilities relative to the siting, design, and licensing of a low level radioactive 
waste disposal facility. 



July 8, 1988 



1988] SENATE JOURNAL 247 

Requested by: Representative Murphy, Senator Thomas 

GOVERNOR'S WASTE MANAGEMENT BOARD FUNDS 

Sec. 40. Of the funds appropriated for fiscal year 1988-89 to the Department of 
Administration for the Lx)w-Level Radioactive Waste Management Authority, and in- 
cluded in Section 2 of this act, the sum of fifty thousand dollars ($50,000) for fiscal 
year 1988-89 shall be transferred to the Department of Human Resources for the Gov- 
ernor's Waste Management Board, to develop a public education program on low level 
radioactive waste. 

Requested by: Representatives Watkins and Bob Etheridge 

ALLOCATION OF RAPE CRISIS CENTER FUNDS/MERGER 

WITH DOMESTIC VIOLENCE PROGRAMS 

Sec. 41. The additional funds for Rape Crisis Centers in the amount of three 
hundred sixty-eight thousand dollars ($368,000) appropriated for fiscal year 1988-89 
and included in Section 3 of this act shall be distributed to the recipients in the same 
proportion as federal funding lost by those recipients. Since this is a one-time appro- 
priation, in order to improve efficiency, those Rape Crisis Centers should where possi- 
ble do what is necessary to merge their operations with Domestic Violence Centers in 
their area by June 30, 1989. 

PART VII DEPARTMENT OF STATE AUDITOR 

Requested by Representative Bob Etheridge and Senator Royall 

AUDITOR'S HOTLINE 

Sec. 42. The Department of State Auditor is authorized to use over-realized 
receipts, when they become available, in the amount of one hundred seventy-three 
thousand four hundred twenty-two dollars ($173,422) for fiscal year 1988-89 in order 
that the Department may fund two hotline positions (one Assistant State Auditor Su- 
pervisor II and one Assistant State Auditor III) with full funding for all support items 
and two Assistant State Auditor III positions. This will allow continuation of the 
hotline program to encourage reporting of fraud, waste, and abuse in State govern- 
ment. 

PART VIII DEPARTMENT OF CULTURAL RESOURCES 

Requested by: Representative Murphy 

LIBERTY CART OUTDOOR DRAMA FUNDS 

Sec. 43. Of the funds appropriated to the Department of Cultural Resources for 
the 1988-89 fiscal year for Aid to Theatre and included in Section 3 of this act, the 
sum of thirty-five thousand dollars ($35,000) shall be allocated to the Duplin Outdoor 
Drama Society, Inc., for fiscal year 1988-89 for production of the outdoor drama 
"The Liberty Cart: A Duplin Story." This allocation is for one year only. 

Requested by: Senator Harrington 
FIRST IN FREEDOM FUNDS 

Sec. 44. G.S. 143-204. 8(c) reads as rewritten: 

"(c) For purposes of this section, an 'outdoor historical drama corporation or 
trust,' means only the following corporations or trusts presenting outdoor historical 
dramas: 

Corporation or Trust Outdoor Historical Drama 

Cherokee Historical Association, 'Unto These Hills' 

Incorporated 

The Committee for an Outdoor 'Blackbeard — The 

Drama at Bath, Incorporated Knight of the Black Flag' 

The Duplin Outdoor Drama Society, 'The Liberty Cart: A 

Incorporated Duplin Story' 

Halifax County Historical Eastern 'First for Freedom' 

Asoooiation Stage. Inc. 



July 8, 1988 



248 . SENATE JOURNAL [Second Session 

The Moore County Historical 'The House in the 

Association, Incorporated Horseshoe' 

The Outdoor Theatre Fund 'From This Day Forward' 

Charitable Trust 
'Revolution!', Incorporated 'Revolution!' 

Roanoke Island Historical 'The Lost Colony' 

Association, Incorporated 
Robeson Historical Drama, 'Strike at the Wind' 

Incorporated 
Snow Camp Historical Drama 'Sword of Peace' 

Society, Incorporated 
Southern Appalachian Historical 'Horn in the West' 

Association, Incorporated 
The Waxhaws Historical Festival 'Listen and Remember' 

and Drama Association 

The above listing of dramas is for informational purposes only and shall not be 
construed to limit the eligibility of the specified outdoor historical drama corporation or 
trust to receive allotments under this section." 

Requested by: Representative Nesbitt 

USE OF LAND NEAR POLK YOUTH CENTER LIMITED 

Sec. 46. Notwithstanding any other provision of law, the State land which lies 
beside the North Carolina Museum of Art and behind the Polk Youth Center, and 
which is bounded by the Raleigh Beltline on the east, Wade Avenue on the south, Blue 
Ridge Road on the west, and a northern boundary that is the extension of the current 
State land boundary beginning at the Raleigh Beltline and running generally westward 
to Blue Ridge Road between the Cross Country Transmission Line and the intersection 
of Myron Drive and Nancy Ann Drive, may not be used by the North Carolina Mu- 
seum of Art for any purpose until the Museum's master plan for site development is 
presented to and specifically and expressly approved by the General Assembly, and by 
the Office of State Construction, Department of Administration in accordance with 
existing law. 

Requested by: Representative Nesbitt 

USE OF THOMAS WOLFE HISTORIC SITE FUNDS 

Sec. 47. The Department of Cultural Resources may use funds available to it for 
the Thomas Wolfe Memorial State Historic Site for redesign of the building. 

Requested by: Senator Plyler 

ANDREW JACKSON MEMORIAL FUNDS 

Sec. 47.1. Of the funds available to the Department of Cultural Resources, the 
Department shall use the sum of sixty thousand dollars ($60,000) in fiscal year 
1988-89 for operating staff and facilities maintenance of the Andrew Jackson Memo- 
rial in Union County. 

PART IX OFFICE OF THE GOVERNOR 

Requested by: Senator Rand ^ , 
TRANSITION EXPENSES 

Sec. 48. G.S. 147-31.1 reads as rewritten: 

"§ 147-31.1. Office space and expenses for Governor-elect and Lieu- 
tenant Governor-elect: and other Council of State members-elect . — (si) 
The Department of Administration, upon request of the Governor-elect and Lieuten- 
ant Governor-elect, made after the general election for these respective offices, is em- 
powered and directed to provide suitable office space and office staff for each such 
official for the period between the general election and inauguration. 

The Department of Administration shall provide, for the fiscal years in which gen- 
eral election and inauguration of the Governor and Lieutenant Governor shall occur. 



July 8, 1988 



1988] SENATE JOURNAL 249 

such sums, not in excess of throo thousand fivo hundred dollars ($3,500) eighty thou - 
sand dollars ("$80.000 for the Governor-elect, and not in excess of on e thousand fiv e 
hundred doUaro ($1,500) ten thousand dollars fSlO.OOO^ for the Lieutenant Gover- 
nor-elect, as may be necessary for the salary of the staffs and the payment of office 
expenses of each such official during such interim. 

Ch) The Department of Administration, upon request of anv other member-elect of 
the Council of State who is not an incumbent in that office, shall provide for such 
persons sui table office space and office staff for each such official for the period be- 
tween the g eneral election and inauguration. 

The Department of Administration shall provide, for the fiscal years in which gen- 
eral electio n and inauguration of such persons occurs, ten thousand dollars rslO.OOO) 
for the sala ry of the staffs and the payment of office expenses of each such official 
during such interim. If there are more than two such persons, such services and pay- 
ments shal l be made from the Contingency and Emergency Fund upon appr oval of the 
Council of State." 

Requested by: Senator Plyler 

TRANSFER OSBM POSITION TO UNO 

Sec. 49. The Director of the Budget may transfer a Statistical Assistant V posi- 
tion from the Office of State Budget and Management to the Need-Based Student 
Loan Program, State Education Assistance Authority, General Administration, Uni- 
versity of North Carolina, as well as the funds for salary and fringe benefits for that 
position. 

Requested by: Representative Watkins 

EXPENDITURE OF FUNDS FOR REJECTED PURPOSE 

Sec. 50. G.S. 143-16.3 reads as rewritten: 
"§ 143-16.3. No expenditures for purposes for which the General As- 
sembly has considered but not enacted an appropriation. — N e Notwith - 
standing anv other provision of law, no funds from any source, except for gifts and 
grants, may be expended for any purpose for which the General Assembly has consid- 
ered but not enacted an appropriation of funds for the current fiscal period. For the 
purpose of this section, the General Assembly has considered a purpose when that 
purpose is included in a bill or petition or when any committee of the Senate or the 
House of Representatives deliberates on that purpose." 

PART X DEPARTMENT OF INSURANCE 

Requested by: Representative Bob Etheridge 
INSURANCE POSITIONS 

Sec. 52. In the Department of Insurance, position #3904-0000-0000-235 (Ad- 
ministrative Officer I) is moved from fund "1220"-Company Services to fund 
"1500"-Special Services, and the funding for such position is also transferred. 

Requested by: Representative Bob Etheridge 
INSURANCE FUND MERGER 

Sec. 53. In the Department of Insurance, fund numbers "1250"- Investigations 
and "1500"-Special Services are merged into a new fund number "1260"-Field Serv- 
ices. All positions and working funds are likewise moved to the merged fund. 

Requested by: Representative Bob Etheridge 

MOBILE HOME WARRANTY PROGRAM 

Sec. 54. When receipts and federal funds are insufficient the Department of 
Insurance may use available funds during fiscal year 1988-89 to fund current positions 
in the Mobile Home Monitoring Program of the North Carolina Manufactured Hous- 
ing Board. The Department may use such funds until federal funds and the fees col- 
lected pursuant to G.S. 143-143.11 produce sufficient revenues to fund the Program. 
In the event such fee revenues exceed the amount necessary to fund the program, the 



July 8, 1988 



250 



SENATE JOURNAL 



[Second Session 



Department and Board shall transfer such excess funds back to the Department, and 
the funds shall then revert. 

PART XI DEPARTMENT OF REVENUE 

Requested by: Senator Royall; Representative Watkins 

FUNDS USED FOR LOCAL TAX REIMBURSEMENT 

Sec. 55. Legislation enacted by the General Assembly requires that local gov- 
ernment units in North Carolina be reimbursed out of collections from specific General 
Fund taxes for State-mandated reductions in the local tax base since 1981. The esti- 
mated amounts of the reimbursements are shown below: 



Reim^yr?em?m Cftt?gQry 

Intangibles Tax on Money 
on Deposit 
(G.S. 105-213.1) 

Intangibles Tax on 
Accounts Receivable 
(G.S. 105-213.1) 

Property Tax on 

Manufacturing 

Inventories 

(G .S. 105-275.1) 

Property Tax on 
Wholesale and Retail 
Inventories 
(G.S. 105-277A) 

Property Tax Homestead 
Exemption Expansion 
(G.S. 105-277. lA) 

Sales Tax Exemption for 
Food Stamp Purchases 
(G.S. 105-164. 44C) 

TOTAL 



Source of 

R?imt>vr§?m?m 

Personal Income 
Tax 


Year of 

Legislation 

1985 


1988-89 
$23,405,000 


Personal Income 
Tax 


1985 . 


$5,700,000 


Corporate Income 
Tax 


1985 
1987 


$103,900,000 


Sales and Use Tax 
1987 


1985 


$66,100,000 


Cigarette Tax 
1985 


1981 


$7,800,000 



Sales and Use Tax 



1985 



S5. 300.000 



$212.20 ^.000 

The Fiscal Research Division shall, after consultation with the Department of 
State Auditor and the Office of State Controller, report to the 1989 General Assembly 
on possible alternative systems for accounting for these reimbursements. 

Requested by: Representative Miller 

STATE/LOCAL SPECIAL REVENUE FUNDS 

Sec. 56. House Bill 2430, 1987 Session, if enacted, will enhance the ability of 
the Department of Revenue to collect State and local sales taxes due on sales by non- 
resident vendors to residents of this State. If House Bill 2430 is enacted, the Secretary 
of Revenue shall to the extent practicable identify the out-of-State retailers that, as a 
result of the legislation, will be required to collect State and local sales and use taxes 
on sales to residents of this State because they purposefully or systematically exploit 
the market provided by this State, as provided in proposed G.S. 105-164. 8(b)(5), and 
would not otherwise be required to collect the taxes based on one of the conditions in 
proposed G.S. 105-164. 8(b)(1) through (3). Because at this time it is impossible to 
estimate the amount of additional revenue that may be generated by enactment of 
House Bill 2430, sound budgetary practices dictate that the State and local sales taxes 
collected and remitted by these identified retailers should not be distributed or ex- 
pended before the 1989-90 fiscal year. Therefore, notwithstanding any other provi- 
sion of law, the Secretary of Revenue shall deposit the State sales and use taxes 



July 8, 1988 



1988] SENATE JOURNAL 251 

collected and remitted by these identified retailers in a special fund to the credit of the 
State Treasurer, to be called the State Special Revenue Fund. It is the intent of the 
General Assembly that these State tax proceeds shall remain in the Special Fund until 
the General Assembly provides that they shall be deposited in the General Fund. In 
addition, notwithstanding any other provision of law, the Secretary of Revenue shall 
deposit the local sales and use taxes collected and remitted by these identified retailers 
in another special fund to the credit of the State Treasurer, to be called the Local 
Special Revenue Fund. It is the intent of the General Assembly that these local tax 
proceeds shall remain in the Special Fund until the General Assembly provides that 
they shall be distributed to local governments in accordance with Articles 39, 40, 41, 
and 42 of Chapter 105 of the General Statutes and in accordance with Chapter 1096 of 
the 1967 Session Laws. 

Requested by: Representative Nesbitt 

SALES-ASSESSMENT RATIO STUDIES/CLARIFICATION OF 

FUNDING 

Sec. 57. Section 84(d) of Chapter 830 of the 1987 Session Laws reads as re- 
written: 

"(d) The enactment of the School Facilities Finance Act of 1987 has created the 
need for a statistical adjustment of the assessed value of taxable real property in each 
county in light of the staggered real property revaluation cycle. This adjustment is 
necessary for the allocation of the proceeds of the Critical School Facility Needs Fund. 
This need is in addition to the adjustments required by the 1985 legislation that equal- 
ized the property tax burden of public service companies. 

For the purpose of determining net collections under G.S. 105-213 for the fiscal 
year ending June 30, 1987, the sum of seventy-two thousand three hundred forty-five 
dollars ($72,345) shall be deducted, in addition to the amounts specified by the sec- 
ond paragraph of G.S. 105-213(a), to fund the cost to the Department of Revenue for 
the 1987-88 fiscal year of making the sales-assessment ratio studies required by G.S. 
105-284 and G.S. 105-289. For the purpose of determining net collections under 

Q,S, 1Q?-21? JQT th? im^\ ygar gnciling June ?0. 1999. th? §ym Qf ?ishty-nin? !h9V- 

sand eight hundred fourteen dollars rS89.814^ shall be deducted, in addition to the 
amounts specified bv the second paragraph of G.S. 105-213ra). to fund the cost to 
the Department of Revenue for the 1988-89 fiscal year of making the sales-assess- 
men t ratio studies required bv G.S. 105-284 and G.S. 105-289 . Such deduction de - 
ductions shall be expended as follows: 

PU HPQ SE 1987-88 1988-89 

Property Valuation Specialists $46,828 $ 66.293 

Accounting Clerk 12,267 17.521 

Additional Travel Expense 6,000 6.000 



Total Recurring 65,095 89.814 

Furniture and Equipment 2,250 

Data Processing Equipment 5,000 

Total Nonrecurring 7,250 

Total Expenditures $72,345 $ 89.814 " 

PART XIII DEPARTMENT OF COMMUNITY COLLEGES 

Requested by: Senator Ward, Representative Watkins 

COMMUNITY COLLEGE FUNDS TRANSFERS 

Sec. 59. (a) Sections 210 and 220 of Chapter 738 of the 1987 Session Laws are 
repealed. 

(b) The State Board of Community Colleges shall establish policies and proce- 
dures for the transferring of funds within each community college's budget that will 



July 8, 1988 



252 * SENATE JOURNAL [Second Session 

assure the General Assembly proper accountability for the use of such funds. It is the 
intent of the General Assembly that all community colleges achieve the goal of paying 
an average salary to curriculum instructors equal to or greater than the unit value es- 
tablished in the community college formula for curriculum instructors and that any 
transfers among line items in the budget allocation formula be minimized. 

The State Board of Community Colleges shall make quarterly reports of all 
transfers approved in accordance with the State Board of Community Colleges' poli- 
cies and procedures for transferring funds within each college's budget to the Joint 
Legislative Commission on Governmental Operations, the Chairmen of the House and 
Senate Base and Expansion Budget Committees, and to the Fiscal Research Division. 

Requested by: Senator Ward, Representative Watkins 

COMMUNITY COLLEGES PRESIDENTIAL SALARY STUDY 

Sec. 60. The State Board of Community Colleges may revise the salary schedule 
for Community College Presidents from funds appropriated for the 1988-89 fiscal year 
to the Department of Community Colleges in keeping with the results of the consultant 
study on presidential salaries commissioned by the State Board of Community Col- 
leges. However, no salary revision for the ehmination of inequities among Community 
College Presidents' salaries may be made until the State Board of Community Colleges 
has received the recommendations of the consultant study on Community College 
Presidential Salaries and reported to the Joint Commission on Governmental Opera- 
tions, the Chairmen of the House and Senate Base and Expansion Budget Committees 
and the Fiscal Research Division on any proposed modifications. 

Requested by: Representative Watkins, Senator Ward 

ALLOCATION OF COMMUNITY COLLEGE FUNDS 

Sec. 61. (a) Sections 211 and 215 of Chapter 738 of the 1987 Session Laws are 
repealed. 

(b) Funds appropriated to the Department of Community Colleges for the 
1988-89 fiscal year for purposes of State aid shall be allocated in accordance with 
procedures established by the State Board of Community Colleges for distribution to 
local community colleges and for departmental support. These procedures shall be in 
accordance with the formula changes recommended to the General Assembly by the 
State Board of Community Colleges at its March 10, 1988, board meeting. These 
funds may also be used to expand existing programs or innovative programs. 

It is the intent of the General Assembly that the State Board of Community Col- 
leges ensure that proper community service programs remain available to senior citi- 
zens without charge. 

Notwithstanding G.S. 150B-13, the State Board of Community Colleges may, 
until six months from the effective date of this act, adopt temporary rules for college 
formula allocations without prior notice or hearing or upon any abbreviated notice or 
hearing the State Board of Community Colleges finds practicable. The State Board of 
Community Colleges shall begin normal rule-making procedures on permanent rules in 
accordance with Article 2 of Chapter 150B at the same time it adopts a temporary rule 
as authorized under this section. Temporary rules adopted under this section shall be 
published by the Director of the Office of Administrative Hearings in the North Caro - 
lina Register and shall be effective for a period of not longer than 180 days. 

Requested by: Senator Ward, Representative Watkins 

COMMUNITY COLLEGE TRUSTEES TRAINING COURSE 

Sec. 62. Section 216 of Chapter 738 of the 1987 Session Laws reads as rewrit- 
ten: 

"Sec. 216. The General Assembly urges the North Carolina Association of Com- 
munity College Trustees to continue providing and to expand its training course for 
community college trustees and to offer the course on a regional basis. The General 



July 8, 1988 



1988] SENATE JOURNAL 253 

Assembly also urges all community college trustees, especially those serving their first 
term, to complete the course. 

The General Assembly requests the North Carolina Association of Community Col- 
lege Trustees to submit an annual report to the State Board of Community Colleges 
and to the 10 « 7 Sor . r . ion of tho Gonoral Assomblv. 19 88 Regular SoGoion. 1989 General 
Assembly on the training programs provided and the number of trustees participating. " 

Requested by: Senator Ward, Representative Watkins 

LITERACY EDUCATION 

Sec. 63. Section 217 of Chapter 738 of the 1987 Session Laws reads as rewrit- 
ten: 

"Sec. 217. Literacy education funds, as defined by the State Board of Community 
Colleges, shall not be expended for any other purpose. 

The Department of Community Colleges shall establish measurements of progress 
for the literacy program and provide technical assistance to institutions for implemen- 
tation of these measurements. Each institution shall develop and submit a plan to the 
Department of Community Colleges for approval to show how it will increase and re- 
tain a significant percentage of its targeted population in the literacy program. Each 
plan shall address recruitment, assessment, retention, and evaluation of student pro- 
gress. An assessment and retention specialist may be funded from direct instructional 
funds to assure implementation of this plan. 

The State Board of Community Colleges is authorized to reallocate literacy educa- 
tion funds among institutions when an institution determines that it will not be able to 
utilize its full allocation. 

Literacy education programs shall be provided in proper, on-campus and off-cam- 
pus educational settings, as defined by the State Board of Community Colleges, in 
order to ensure accessibility to those in need of these programs. 

The State Board of Community Colleges shall report by May 1, 19 88 , to the 19 8 7 
Sosoion of tho Gonoral Ascombly, 198 8 Regular Session, June 1. 1989. to the 1989 
General Assembly, on the progress made by each institution of the Community College 
system toward achieving significant enrollment increases and retention of students 
throughout the literacy education programs. The General Assembly encourages the 
Community College system at least to double the number of illiterate adults being 
served in literacy education programs." 

Requested by: Senator Ward, Representative Watkins 

CLASS REPORTING DATE FOR EXTENSION FTE 

Sec. 64. (a) Section 218 of Chapter 738, 1987 Session Laws is repealed. 

(b) Enrollments in literacy education and occupational extension courses within 
the Community College system shall be calculated for budget full-time equivalent 
(FTE) student purposes when one-half of the course has been completed. Only those 
students in attendance for at least one-half of the classes prior to the date of calcula- 
tion shall be included in the calculation. Notwithstanding any other requirements un- 
der this section, literacy education and occupational extension courses may be re- 
ported for budget purposes on a contact hour basis. 

Requested by: Senator Plyler 

UNION COUNTY SATELLITE/LAND MATCH 

Sec. 65. The funds appropriated to the Department of Community Colleges for 
the 1988-89 fiscal year for the Union County satellite of Anson and Stanly Community 
Colleges shall be allocated to Union County for the satellite facility. Land provided by 
Union County on a long-term lease basis shall satisfy the matching requirement for 
funds appropriated for the 1988-89 fiscal year for a Union County satellite of Anson 
and Stanly Community Colleges. 



July 8, 1988 



254 . SENATE JOURNAL [Second Session 

Requested by: Representative Nye 

CAPE FEAR FUNDS/LAND MATCH 

Sec. 66. Land provided by Pender County for the facility shall satisfy the 
matching requirement for funds appropriated for the 1985-86 fiscal year and the 
1987-88 fiscal year for the Pender County Satellite of Cape Fear Community College. 

Requested by: Representatives Bob Etheridge, Wicker 

CENTRAL CAROLINA COMMUNITY RESOURCE CENTER 

Sec. 67. The funds allocated to Central Carolina Community College in Section 
19 of Chapter 795 of the 1987 Session Laws are reallocated to Lee County. These 
funds shall be used to build a Community Resource Center which will be operated by 
the college for the use of the county and the college. The county shall provide an 
additional two million dollars ($2,000,000) for the construction of this facility. 

Requested by: Representative Beall 

HAYWOOD COMMUNITY COLLEGE/NO MATCH 

Sec. 68. Funds appropriated for the 1988-89 fiscal year to the Department of 
Community Colleges for capital construction at Haywood Community College are not 
subject to any requirement that they be matched with non-State funds. 

Requested by: Representative Locks 

HOKE COUNTY SATELLITE 

Sec. 70. The funds appropriated to the Department of Community Colleges for 
the 1988-89 fiscal year for the Hoke County satellite for Sandhills Community College 
shall be allocated to Hoke County for the satellite facility. 

Requested by: Representative Nesbitt 

MACON COUNTY SATELLITE FUNDS 

Sec. 72. The funds appropriated to the Department of Community Colleges for 
the 1988-89 fiscal year for the Macon County satellite for Southwestern Community 
College shall be spent only for the regional fire training center. 

Requested by: Representative Watkins 

WATAUGA COUNTY SATELLITE 

Sec. 73. The funds appropriated to the Department of Community Colleges for 
the 1988-89 fiscal year for the Watauga County satellite for Caldwell Community Col- 
lege and Technical Institute shall be allocated to Watauga County for the satellite 
facility. 

Requested by Representative Watkins 

ALLOCATION OF COMMUNITY COLLEGE FUNDS 

Sec. 74. Section 19 of Chapter 795 of the 1987 Session Laws reads as rewritten: 
"Sec. 19. Funds are appropriated to the Department of Community Colleges in 
Section 4 of this act in the sum of twenty-five million eight hundred eighty-eight thou- 
sand one hundred twenty-five dollars ($25,888,125) for the 1987-88 fiscal year and 
the sum of ninoteon million four hundr e d sixty - on e thousand two hundr e d sixty - six 
dollars ($19,^161,266) twentv-nin e million three hundred fortv-six thousand seven 
hundred twentv-six dollars r$29. 346.726^ for the 1988-89 fiscal year for capital im- 
provements. These funds shall be allocated as follows: 



Institution Project 1987-88 1988-89 

$—9 

$ 1.000.000 



.01 Central High Technology 

Piedmont CC Center $1,586,275 $— & 



July 8, 1988 



1988] 



SENATE JOURNAL 



255 



02 


TC of 

Alamance 

Building 


Complete Class- 
room Lab 


450,000 


03 


Mayland TC 
Renovations 


LRC, Shop/ 

Emergency Water and 

$170.00Q tQl?? 
allo?^t?(;l fr9m w^t?r 

in Office of State 
Budget and Management 


500,000 


04 


Wayne CC 


Vocational & Social 
Sciences Building 
Classroom buildine 


1,000,000 


05 


Pitt CC 


Vocational Building 


510,170 


06 


Wake TC 


Health Education 
Building 


1,000,000 


07 


Rowan TC 


General Purpose 
Building-Cabarrus 
Co. 


. 


08 


Sampson TC 


Complete 2nd Floor 
Adult Education/ 
Student Center 


251,250 


09 


Sandhills CC 
Cape Fear TI 


Complete Library/ 
Performing Arts 
and provide for 
increased costs of 
project 

H<?k? C<?yntY §at?llit? 

Satellite in 

Pender County 


400,000 


10 


300,000 


11 


Craven CC 


Student Activity 
Center 


300,000 


12 


Caldwell CC &T] 


Technical Skills 
Building 


750,000 






Watauga Countv Satellite 


_ 


13 


Vance- 
Granville 
CC 


Small Business Ctr. 

Granville Satellite 
Repay loan 


250,000 
300,000 



400,000 
843.500 



544,750 



1,000,000 
9Q0.OQQ . 

200,830 



1,175,000 



500,000 
l .QQO.Q OO 



100-000 



300,000 

l.Q^Q.OQO 



740,000 
MCLOm 
lOQ.QOO 

500,000 



350.000 



July 8, 1988 



256 



SENATE JOURNAL 



[Second Session 



14 


Randolph TC 


Planning Money 


200,000 


700,000 


15 


Nash TC 


Student Center/ 
Library 


- 


500,000 


16 


Blue Ridge TC 
Cleveland TC 


Library/ Student 

Center 
Transvlvania Satellite 

Student Activities 
Center 


- 


588,000 
75.000 


17 


1,300,000 


1,300,000 


18 


Wilkes CC 


Skills Center & 
Power Mechanics 

Renovations 


700,000 


700.000 


19 


Halifax CC 


Student Development 
Ctr. Completion 


- 


400,000 


20 


Forsyth TC 


Vocational Education 
Building 


850,000 


- 


21 


Isothermal CC 
Rockingham CC 


Funds to complete 
project currently 
under construction 
Polk County Satellite 

Laboratory /Class- 
room Building 


200,000 
250,000 


121.000 


22 


_ 


757,826 


23 


Edgecombe TC 


LRC/Classroom- 
Tarboro 

,C9mpl?t? Library/ 


- 


600,000 
220.000 


24 


Tri-County CC 


Classroom/Lab 
Building Phase II 
and for needed 
sewer line 
Complete Classroom. 

Om?? Shop Addition 


700,000 


500,000 

216.000 


25 


Mitchell CC 


Reno v. for Continuing 
Education Center 


500,000 


- 


26 


Martin CC 


Equine Training 
Center 


900,440 


- 


27 


Bladen TC 


High Tech. Bldg. 


' 150,000 


- 



,28 Western 

Piedmont CC Complete Learning 

Resource Center 

facilities 



750,000 



July 8, 1988 



1988] 



SENATE JOURNAL 



257 



29 Roanoke- 








Chowan CC 


Complete & equip. 
Indust. Tech./ 
Small Business 








Center 


^ 


1,000,000 


30 Asheville- 








Buncombe TC 


Voc. Additions & 








Renovations 


1,500,000 


1,500.000 






- 


150.000 




Madison 








Satellite 


400,000 


- 


31 Carteret TC 


Renovate recently 








acquired bldg. 


347,975 


- 


32 Central 








Carolina TC 


Student Activity/ 
Performing Arts 








Center 


- 


1,000,000 


Harnett 








Satellite 


Equip. Laser- Electro 








Optics Building 


479,000 


828,520 




A^J<;iiti<?n^l Fyn^§ f<?r 








§^t?iiiK 


- 


50.000 


33 Coastal 






Carolina CC 


Business Technology 








Building 


500,000 


500,000 


34 College of the 








Albemarle 


Complete current 
project and repay 








Rockingham CC 


500,000 


500,000 


35 Haywood TC 


Regional Education 








Services Center 


1,487,300 


1,487,300 




Student Activities 








Byildjng Cpmpl^tipn, 


- 


750.000 


36 James Sprunt 








TC 


Renovations & 
complete Student 








Center 


200,000 


- 


37 Johnston TC 


Increased costs for 








current project 


500,000 


- 




Renovate Library 


_ 


100.000 


38 Gaston 






College 


Planning Funds 


442,000 


- 


38(1) Funds appropriated herein for 






Gaston College shall be used 






for the purchase of equipment 






for the Lincoln School of 






Technology 









July 8, 1988 



258 


SENATE JOUR> 


^AL 


.39 Fayetteville TI 


Equipping a center 
for business and 
industry and a 
center for applied 
technology 


1,000,000 


.40 Lenoir CC 


Aviation Facility 
& Classroom Bldg. 
Greene County 
Satellite 


■■ f. 

50,000 


.41 Durham TC 


Satellite in northern 
Durham County 


500,000 


.42 Richmond TC 


Scotland County 
Satellite 
Repay Rockingham CC 


184,500 
80,000 


.43 Robeson TC 


Complete current 
project 


187,715 


.44 Sandhills CC 


Increased costs for 
Library/Music/ 
Audiovisual Bldg. 


136,500 



[Second Session 



45 Piedmont Tech. 



Repay Rockingham CC 
Adult Learning 
Cgnwr - Planning 



350,000 





Caswell Satellite 


Start-up funds 


50,000 


46 


Stanly TC 


Planning/Learning 








Resource Center 


250,000 


47 


Montgomery TC 


Planning/Specialty 


\ 






Lab Building 


100,000 


48 


Anson TC 


Water and Sewer Line 


1,500,000 


49 


Southwestern TC 


Equipping Regional 
Allied Health Center 


945,000 






Macon Countv Satellite 


- 






Regional Fire Training 








(;?nt?r 

Macon County 


- 










Satellite 


100,000 



.^ An§9n/§tanly TC Unipn Cpynty Satellite 
.11 QyiJlfQrd TC 



.J2 Davidson CC 



AvJatjQn/TranspQrtatiQn 
Byjl^ing 

En:^?rg?n9Y Wat?r and 

Sewer Project - 
$4^0.000 \Q I)? allQPat^d 
from Wat?r an*;} §?w?r 

Funds in Office of State 

dv(^i^\ an*;! Managgmgm 



1,000,000 



939,000 



100-000 



l .OOO.O OQ 
l .^QQ.O QQ 



July 8, 1988 



1988] SENATE JOURNAL 259 

.53 Vocational 

Textile School Safety. Energy and 
Handicap Code 
R?qyir?m?nt§ ($6g4.300) 
to be allocated from 
repairs and renoyations 
3 reserye in Office of 

Stat? Bv'^g^t ^nd 
Mflna8?mgnt. 

^^ Beaufort cc Pl^nnJng/ClassrQQm 

Byil(Jing - lOO.OOQ 

The institutions may use the funds allocated to them by this section for other capital 
purposes if they deem it appropriate to do so." 
PART XIV DEPARTMENT OF PUBLIC EDUCATION 

Requested by: Representatiye Barnes 

STUDENT ASSESSMENT/GRADES 1 AND 2 

Sec. 77. (a) G.S. 115C-174. 11(a) reads as rewritten: 

"(a) Annual Testing Program. In order to assess the effectiyeness of the educa- 
tional process, and to ensure that each pupil receiyes the maximum educational bene- 
fit from the educational process, the State Board of Education shall implement an 
annual statewide testing program in basic subjects. It is the purpose of this testing 
program to help local school systems and teachers identify and correct student needs in 
basic skills rather than to proyide a tool for comparison of indiyidual students or to 
eyaluate teacher performance. The annual testing program shall be conducted each 
school year for the third, sixth and eighth grades. Students in these grade leyels who 
are enrolled in special education programs or who haye been officially designated as 
eligible for participation in such programs may be excluded from the testing program if 
special testing procedures are required for testing such students. The State Board of 
Education shall select annually the type or types of tests to be used in the testing pro- 
gram. 

The State Board of Education shall also adopt and proyide to the local school ad - 
ministratiye units deyelopmentally appropriate indiyidualized assessment instruments 
consistent with the Basic Education Program for the first and second grades , rather 
than standardized tests. Local school administratiye units may use these assessment 
instruments proyided to them by the State Board for first and s econd grade students. 
and shall not use standardized tests. The State Board of Education shall report to the 
Joint Legislatiye Commission on Goyernmental Operations prior to May 1, 1988, and 

to th? $?pat? and HQygg ApprQpriatjQns C9mmitt??§ 9n E';iygatiQn vuqi \q Mar<?h 1. 

1989. on the assessment instruments it deyelops." 

(b) Funds in the amount of one hundred fifty-two thousand dollars ($152,000) 
appropriated to the Department of Public Education for the 1988-89 fiscal year are 
transferred from Fund 1500 (Research and Educational Media) to Fund 1600 (In- 
structional Seryices) . These funds shall be used for deyelopmentally appropriate indi- 
yidualized assessment instruments for the first and second grade instead of for stan- 
dardized testing for the first and second grade. 

Requested by: Representatiyes Watkins, Bob Etheridge 
SUMMER SCHOOL/TWELFTH GRADE 

Sec. 78. Funds appropriated to the Department of Public Education for the 
1987-88 fiscal year and for the 1988-89 fiscal year to proyide remedial summer school 
programs may be used by local boards of education in the summer of 1988 to proyide 
summer school to students in the twelfth grade as well as to students in grades one 
through eleyen. Funds appropriated for this purpose for the 1988-89 fiscal year shall 
be used by local boards of education in the summer of 1989 to proyide remedial sum- 
mer schools for students in grades one through tweWe. 



July 8, 1988 



260 SENATE JOURNAL [Second Session 

Local boards of education may also use funds appropriated for the 1987-88 fis- 
cal year and for the 1988-89 fiscal year for remedial summer school programs to pro- 
vide a summer course to students to help them prepare for the Scholastic Aptitude 
Test. 

Requested by: Representatives Watkins, Bob Etheridge, Senator Ward 

STAFF DEVELOPMENT 

Sec. 79. (a) Section 203 of Chapter 738 of the 1987 Session Laws reads as 
rewritten: 

"Sec. 203. (a) Funds appropriated in Section 2 of this act to the Department of 
Public Education for the 1987-88 fiscal year to provide funds to local school adminis- 
trative units for staff development at the local level shall remain available for expendi- 
ture until September A- r 30. 1988. 

(b) Funds appropriated in Section 3 of this act to the Department of Public Educa- 
tion for the 1988-89 fiscal year and subsequent fiscal years to provide funds to local 
school administrative units for staff development at the local level shall become avail- 
able for expenditure on Sept e mber 1 July 1 of tha4 each fiscal year and shall remain 
available for expenditure until August 31 September 30 of the next fiscal year." 

(b) Of the funds appropriated to the Department of PubHc Education for staff 
development at the local level, the State Board of Education shall allocate two hun- 
dred eighty thousand dollars ($280,000) for staff development of school food service 
personnel. 

Requested by: Representatives Watkins, Bob Etheridge, Senator Ward 

TEXTBOOK SERVICES/ACCOUNTING SUPPORT 

Sec. 80. Section 175 of Chapter 738 of the 1987 Session Laws reads as rewrit- 
ten: 

"Sec. 175. The Department of Public Education may use funds appropriated to it 
for the 1987-88 fiscal year and the 1988-89 fiscal vear for the Textbook Fund to 
provide for a managing accountant III to ensure proper ordering, distributing, invento- 
rying, and accounting for the business operation of the Textbook Services Area." 

Requested by: Representatives Watkins, Bob Etheridge, Senator Ward 

SCHOOL CUSTODIAN TRAINING PROGRAM 

Sec. 81. Section 1 of Chapter 794 of the 1987 Session Laws reads as rewritten: 
"Section 1. The Department of Public Education may use up to one-fourth of one 
percent (.25%) of the funds appropriated to it for school custodians for the 1987-88 
fiscal vear in Chapter 73 8 . Session Laws of 19 8 7 and for the 1988-89 fiscal vear to 
employ personnel to establish and conduct a training program for custodians. This 
training program shall be performed on a local or regional basis." 

Requested by: Representatives Watkins, Bob Etheridge, Senator Ward 

FLEXIBILITY IN THE USE OF SCHOOL FUNDS/STUDY 

Sec. 83. The Joint Legislative Commission on Governmental Operations shall 
study the feasibility of allowing local school administrative units more flexibility in the 
use of State-allotted funds for the operation of the public schools. The Commission 
shall make its recommendations, if any, to the 1989 General Assembly. 

Requested by: Representatives Watkins, Bob Etheridge 

TEACHER CERTIFICATION STAFF 

Sec. 84. The Controller of the State Board of Education shall transfer, at the 
request of the Department of Public Instruction, personnel positions and personnel 
support within the Department of Public Instruction sufficient to satisfy the emergency 
and backlog existing in the teacher certification process. 



July 8, 1988 



1988] SENATE JOURNAL 261 

Requested by: Representative Bob Etheridge, Senator Ward 

TEACHERS WITH MASTERS DEGREES/SALARY INCREASE 

Sec. 85. (a) Proviso (1) of Section 19.1(d) of Chapter 1137 of the 1979 Session 
Laws (Second Session 1980), as rewritten by Chapter 1053 of the 1981 Session Laws, 
Section 46 of Chapter 757 of the 1985 Session Laws, Section 57 of Chapter 1014 of 
the 1985 Session Laws (Regular Session 1986), and Section 26 of Chapter 876 of the 
1987 Session Laws reads as rewritten: 

"(1) in the case of a teacher who was awarded a higher teaching certificate from 
after September 1, 1980, through Juno 30, 19 8 7, as a result of a receipt of a masters 
degree, such person shall be entitled to credit for all teaching experience earned previ- 
ously, recognizable under State Board of Education regulations, in determining place- 
ment on the salary schedule;". 

(b) The Department of PHiblic Education shall use funds appropriated to it for 
the 1988-89 fiscal year to implement subsection (a) of this section. 

Requested by: Representative Bob Etheridge 

SCHOOL FINANCE PILOT PROJECT CONTINUED 

Sec. 86. The State Board of Education shall continue the School Finance Pilot 
Project, established by the Board pursuant to Section 86, Chapter 761 of the 1983 
Session Laws, and continued by Chapter 646 of the 1985 Session Laws, through the 
1988-89 fiscal year. Each participating pilot project shall submit to the State Board of 
Education prior to the September 1988 meeting (i) a statement of measurable goals it 
intends to accomplish with the budget flexibility, and (ii) a statement of what budget 
flexibility it requests and how the requested flexibility would change its budget. The 
participating pilot projects may not deviate from the proposals authorized for them by 
the State Board at its September meeting. The State Board shall report to the Joint 
Legislative Commission on Governmental Operations on the September reports of the 
participating pilot projects and on the budget flexibility the State Board of Education 
authorized for each participating pilot project for the 1988-89 fiscal year. 

The participating pilot projects shall report to the State Board of Education at its 
March 1989 meeting on how the budget flexibility authorized for them increased edu- 
cational opportunities and educational achievement for their students. The State 
Board of Education shall report these results to the General Assembly in March 1989. 

Requested by: Representative Bob Etheridge, Senator Ward 

USE OF FUNDS FOR TEACHERS 

Sec. 87. Section 209(b) of Chapter 738 of the 1987 Session Laws reads as 
rewritten: 

" (b) When a school has too few students to provide a teacher to offer a class in a 
curricular offering in accordance with the Basic Education Program, the local board of 
education may, with the approval of the State Board of Education, use the funds allo- 
cated to it for expanded curricular offerings to otherwise provide the curricular offering 
at that school, as called for in the Basic Education Program. The State Board of Edu- 
cation shall monitor and report concerning the alternative use of these funds by Febru- 
ary 1 to the President of the Senate, the Speaker of the House of Representatives , the 
Joint Legislative Commission o n Governmental Operations, and the Fiscal Research 
Division. 

This subsection applies only to the 1987-88 fiscal year and the 1988-89 fiscal 
year ." 

Requested by: Representative Bob Etheridge 

ROBESON SCHOOL TRANSITION FUNDS 

Sec. 88. The Department of Public Education shall, upon the request of the 
Interim Board of Education for the Public Schools of Robeson County, allot to the 
Interim Board up to two hundred thousand dollars ($200,000) for the 1988-89 fiscal 



July 8, 1988 



262 - SENATE JOURNAL [Second Session 

year. The Interim Board shall use these funds to prepare for and implement the merger 
mandated in Chapter 605 of the 1987 Session Laws and to otherwise carry out its 
responsibilities under that act, and the Interim Board may contract for professional, 
clerical, and other assistance in accomplishing same. 

The amount allotted to the Interim Board for the 1988-89 fiscal year shall be 
deducted from the amount the Interim Board would have received during the 1989-91 
fiscal biennium for central office personnel to maintain for two years after the merger 
the pre-merger allotment of central office personnel. 

Requested by: Senator Ward 

CLASS SIZE 

Sec. 89. (a) G.S. 11 5C-301 is rewritten to read: 
"§ 115C-301. Allocation of teachers; class size. — (a) Request for Funds. 
The State Board of Education, based upon the reports of local boards of education and 
such other information as the State Board may require from local boards, shall deter- 
mine for each local school administrative unit the number of teachers and other in- 
structional personnel to be included in the State budget request. 

(b) Allocation of Positions. The State Board of Education is authorized to adopt 
rules to allot instructional personnel and teachers, within funds appropriated. 

(c) Maximum Class Size. The average class size for each grade span in a local 
school administrative unit shall at no time exceed the funded allotment ratio of teach- 
ers to students. At the end of the second school month and for the remainder of the 
school year, the size of an individual class shall not exceed the allotment ratio by more 
than three students. At no time may the General Assembly appropriate funds for 
higher unit-wide class averages than those for which State funds were provided during 
the 1984-85 school year. 

(d) Maximum Teaching Load. Students shall be assigned to classes so that from 
the 15th day of the school year through the end of the school year the number of 
students for whom teachers in grades 7 through 12 are assigned teaching responsibili- 
ties during the course of the day is no more than 150 students, except as provided in 
subsection (g) of this section. 

(e) Alternative Maximum Class Sizes. The State Board of Education, in its dis- 
cretion, may set higher maximum class sizes and daily teaching loads for classes in 
music, physical education, and other similar subjects, so long as the effectiveness of 
the instructional programs in those areas is not thereby impaired. 

(f) Second Month Reports. At the end of the second month of each school year, 
each local board of education, through the superintendent, shall file a report for each 
school within the school unit with the State Board of Education. The report shall be 
filed in a format prescribed by the Controller of the State Board of Education and shall 
include the organization for each school, the duties of each teacher, the size of each 
class, the teaching load of each teacher, and such other information as the State 
Board or Controller may require. As of February 1 each year, local boards of educa- 
tion, through the superintendent, shall report all exceptions to individual class size and 
daily teaching load maximums that occur at that time. 

(g) Waivers and Allotment Adjustments. Local boards of education shall report 
exceptions to the State Board of Education as provided in G.S. 115C-47(10), and 
shall request allotment adjustments or waivers from the standards set out above. 
Within 45 days of receipt of reports, the State Board of Education, within funds avail- 
able, may allot additional positions or grant waivers for the excess class size or daily 
load: 

(1) If the exception resulted from (i) exceptional circumstances, emergen- 
cies, or acts of God, (ii) large changes in student population, (iii) or- 
ganizational problems caused by remote geographic location, or (iv) 
classes organized for a solitary curricular area, and 

(2) If the local board cannot organizationally correct the exception. 



July 8, 1988 



1988] SENATE JOURNAL 263 

All allotment adjustments and waivers submitted under this provision shall be re- 
ported to the Director of the Budget and to the General Assembly by May 15 of each 
year. 

(h) State Board Rules. The State Board of Education shall adopt rules necessary 
for the implementation of class size and teaching load provisions. 

(i) Penalty for Noncompliance. If the State Board of Education determines that a 
local superintendent has willfully failed to comply with the requirements of this sec- 
tion, no State funds shall be allocated to pay the superintendent's salary for the period 
of time the superintendent is in noncompliance." 

(b) G.S. 115C-47(10) is rewritten to read: 

"(10) To Assure Appropriate Class Size. It shall be the responsibility of local 
boards of education to assure that the class size and teaching load requirements set 
forth in G.S. 115C-301 are met. Any teacher who believes that the requirements of 
G.S. 115C-301 have not been met shall make a report to the principal and superinten- 
dent, and the superintendent shall immediately determine whether the requirements 
have in fact not been met. If the superintendent determines the requirements have not 
been met, he shall make a report to the next local board of education meeting. The 
local board of education shall take action to meet the requirements of the statute. If 
the local board cannot organizationally correct the exception and if any of the condi- 
tions set out in G.S. 115C-301 (g)(1) exist, it shall immediately apply to the State 
Board of Education for additional personnel or a waiver of the class size requirements, 
as provided in G.S. 115C-301(g). 

Upon notification from the State Board of Education that the reported exception 
does not qualify for an allotment adjustment or a waiver under provisions of G.S. 
115C-301, the local board, within 30 days, shall take action necessary to correct the 
exception. 

At the end of the second month of each school year, the local board of education, 
through the superintendent, shall file a report with the State Board of Education, in a 
format prescribed by the Controller of the State Board of Education, describing the 
organization of each school, the duties of each teacher, the size of each class, and the 
teaching load of each teacher. As of February 1 each year, local boards of education, 
through the superintendent, shall report all exceptions to individual class size and daily 
teaching load maximums that exist at that time. 

In addition to assuring that the requirements of G.S. 115C-301 are met, each local 
board of education shall also have the duty to provide an adequate number of class- 
rooms to meet the requirements of that statute." 

(c) G.S. 115C-276(k) is rewritten to read: 

"(k) To Submit Organization Reports and Other Information to the State Board. 
Each year the superintendent of each local school administrative unit shall submit to 
the State Board of Education statistical reports, certified by the chairman of the board 
of education, showing the organization of the schools in his unit and any additional 
information the State Board may require. At the end of the second month of school 
each year, local boards of education, through the superintendent, shall report school 
organization, employees' duties, class sizes, and teaching loads to the State Board of 
Education as provided in G.S. 115C-47(10). As of February 1 each year, local boards 
of education, through the superintendent, shall report all exceptions to individual class 
size and daily teaching load maximums that occur at that time." 

(d) G.S. 115C-82 is repealed. 

Requested by: Representative Watkins 

PROGRAMS FOR ACADEMICALLY GIFTED 

Sec. 90. The Department of Public Education shall use the sum of three million 
dollars ($3,000,000) of the funds available to it for the 1988-89 fiscal year for pro- 
grams for academically gifted students. 

The State Board of Education shall study the effectiveness of all programs for 
academically gifted students. As part of this study, it shall consider the effectiveness 



July 8, 1988 



264 . SENATE JOURNAL [Second Session 

of enrichment programs as opposed to academic acceleration and academically ad- 
vanced courses. 

The State Board of Education shall also reassess its guidelines for admission into 
programs for academically gifted students. 

The State Board of Education shall report to the Joint Legislative Commission on 
Governmental Operations on a quarterly basis on its progress in carrying out the provi- 
sions of this section. 

Requested by: Senator William Martin 

DROPOUT PREVENTION/IN-SCHOOL SUSPENSION 

Sec. 91. Of the funds appropriated to the Department of Public Education for 
the 1988-89 fiscal year for the Dropout Prevention/In-School Suspension Program, 
the sum of one hundred fifty thousand dollars ($150,000) may be used to fund eight 
pilot public/private educational compacts to bring together on an ongoing basis repre- 
sentatives from public education, community colleges, higher education, and business 
and industry leaders to determine how to improve attendance, prevent dropping out of 
school, increase academic performance, and increase participation in higher educa- 
tion and the workforce by at-risk students. The funds may also be used to fund eight 
parental involvement pilot programs, and to provide for operating costs, workshops, 
and committee meetings for the State Department of Public Instruction's dropout pre- 
vention staff. 

The State Board of Education may adopt rules governing the use of these funds. 

Requested by: Representative Watkins 

SCHOOL OFFICE SUPPORT PERSONNEL 

Sec. 92. (a) Effective July 1, 1989, no full-time public school employees in 
office support personnel positions paid in whole or in part from State funds may be 
paid less than one thousand eighty-four dollars ($1,084) per month. The average sal- 
ary for such employees shall be one thousand one hundred sixty-seven dollars 
($1,167) per month. Less than full-time employees shall receive no less than a pro 
rata amount of the minimum salary for full-time employees. For the purpose of this 
section, full-time employees shall be designated as those who are employed 40 hours a 
week. 

The State Board of Education shall estimate the additional cost, if any, of im- 
plementing this subsection and shall request any additional funds that may be required 
in its 1989-91 budget request to the General Assembly. 

(b) The State Board of Education shall recommend a new salary schedule for 
such employees to the 1989 General Assembly, prior to March 1, 1989. 

Requested by: Representative Watkins, Senator Roy all 

UNIFORM EDUCATION REPORTING SYSTEM FUNDS 

Sec. 93. Of the funds appropriated to the Department of Public Education for 
the 1988-89 fiscal year, the sum of six million eight hundred seventy thousand dollars 
($6,870,000) shall be used to complete the implementation of the Uniform Education 
Reporting System by September 1, 1989. These funds shall be used by the State Board 
of Education to purchase financial management information systems services, equip- 
ment, software, and data communications capabilities that meet all of the standards 
of the Uniform Education Reporting System. 

The State Board shall report quarterly to the Joint Legislative Commission on 
Governmental Operations on the progress made in implementing the Uniform Educa- 
tion Reporting System. The reports shall constitute a full management and status 
report on the Uniform Education Reporting System project. 

Requested by: Representative Bob Etheridge 
SCHOOL TRANSPORTATION STUDY 

Sec. 94. The Controller of the State Board of Education may use up to fifty 
thousand dollars ($50,000) of public school transportation funds to conduct an 



July 8, 1988 



1988] . SENATE JOURNAL 265 

operational study to examine the effective and efficient use of funds appropriated by 
the General Assembly in support of the school transportation system. 

The Controller shall report the results of the study to the Education Subcommit- 
tee of the Joint Legislative Commission on Governmental Operations by February 1 , 
1989. 

Requested by: Representative Watkins 

FUNDING OF SCHOOL FACILITIES/STUDIES 

Sec. 95. The Joint Legislative Commission on Governmental Operations shall: 
(i) study the feasibility of the State building and maintaining all public school facili- 
ties; and (ii) perform and inventory and survey of abandoned school buildings to de- 
termine the feasibility of using the buildings to meet other community needs. The 
Commission shall report its recommendations to the 1989 General Assembly as soon 
as it has completed its study. 

Requested by: Representative Holt 

PHYSICAL EDUCATION TEACHER CERTIFICATION 

Sec. 96. G.S. 115C-296(a) reads as rewritten: 
"(a) The State Board of Education shall have entire control of certifying all appli- 
cants for teaching positions in all public elementary and high schools of North Caro- 
lina; and it shall prescribe the rules and regulations for the renewal and extension of 
all certificates and shall determine and fix the salary for each grade and type of certifi- 
cate which it authorizes: Provided, that the State Board of Education shall require 
each applicant for an initial certificate or graduate certificate to demonstrate his aca- 
demic and professional preparation by achieving a prescribed minimum score at least 
equivalent to that required by the Board on November 30, 1972, on a standard exami- 
nation appropriate and adequate for that purpose: Provided, further, that in the event 
the Board shall specify the National Teachers Examination for this purpose, the re- 
quired minimum score shall not be lower than that which the Board required on No- 
vember 30, 1972; Pr9vi<j?^. fvrth?r. that th? Stat? goar^ Qf EdycatJQn ?hall PQt <^^- 

<?rga§g th9 ggrtifkatJQn st^n^Jar'Js JQi phY§i<?»l ?(;}ycatjQn tga^hgrs <?r health g^y^atign 
t?a<?hgr§ t>?l<?w th? §tan<;iard§ in ?ffg9t 9n Jyn? 1. 19SS," 

Requested by: Representative Nesbitt 

SUPERINTENDENTS SALARY/101 RULE CLARIFIED 

Sec. 97. Section 19.1(g) of Chapter 1137 of the 1979 Session Laws (Second 
Session 1980) reads as rewritten: 

"(g) Superintendents in each local school unit shall receive in State salary at least 
one percent (1%) more than the highest paid principal receives in State salary in that 
local school unit. The amount the supe rintendent receives in State salarv under this 
section mav not be decreased during a school vear." 

Requested by: Senator Plyler, Representative Watkins 
EMERGENCY FUNDS/PUBLIC SCHOOLS 

Sec. 97. 1. (a) To the extent that funds are available, the Department of Public 
Education shall allocate to the Johnston County Board of Education up to three hun- 
dred thousand dollars ($300,000) of the overcollections from the School Facilities Fi- 
nance Act of 1987 to provide mobile classroom units for students displaced by a fire 
that destroyed Four Oaks School in Johnston County. 

Notwithstanding any other provision of law, the Johnston County Board of Edu- 
cation may negotiate for the purchase of mobile classroom units to meet this emer- 
gency situation. 

(b) When the Johnston County Board of Education no longer needs these mo- 
bile classroom units, Johnston County shall transfer title to the units to the State of 
North Carolina. The State Board of Education shall assign these mobile classroom 
units to other schools as it deems appropriate. 



July 8, 1988 



266 . SENATE JOURNAL [Second Session 

Requested by: Senator Plyler, Representative Watkins and Bob Etheridge 

SCHOOL FACILITY STANDARDS 

Sec. 97.2. Whereas, it is considered to be in the best interests of all citizens of 
North Carolina that minimum school facility standards be adopted for the construction 
and renovation of school facilities in North Carolina, the North Carolina General As- 
sembly, having passed, since 1985, numerous new educational initiatives and having 
begun to assist directly the counties in providing for these needs as a result of the 
initiatives, and whereas the legal duty and authority to develop minimum standards 
has been placed on the State Board of Education and whereas they have adopted mini- 
mum standards, and whereas the county commissioners of North Carolina, whose 
responsibility and legal authority to provide funds for the construction and renovation 
of school facilities in North Carolina other than the assistance rendered by the State, 
and the local school boards whose responsibility it is to construct, renovate and main- 
tain local school facilities, desire to consult with the State Board in a review of the 
standards adopted, it is therefore requested that the State Board review the adopted 
school facility standards and consult with the appropriate groups in regard to the mini- 
mum standards adopted to the end that all appropriate groups have sufficient opportu- 
nity to consult with the Board on the minimum standards adopted. And in the event 
the Board feels that any revisions would better serve the State of North Carolina that 
action can be taken by the State Board of Education. It is requested that this proce- 
dure be completed by December 15, 1988. Additionally, the State Board of Education 
has publicly agreed to be lenient in its consideration of requests for deviations from the 
minimum standards until the proper groups have had the opportunity to consult with 
the Board. 

Requested by: Senator Ward / 

BEFORE/AFTER SCHOOL PROGRAMS 

Section 97.3. Of the funds appropriated to the Department of Public Education 
for the 1988-89 fiscal year the sum of four million two hundred thousand dollars 
($4,200,000) shall be used to establish a program of incentive grants of thirty thou- 
sand dollars ($30,000) each for local school administrative units to provide before and 
after school care for school age children. Of these funds, the sum of two million one 
hundred thousand dollars ($2,100,000) shall be used for programs in grades kinder- 
garten through five and two million one hundred thousand dollars ($2,100,000) shall 
be used for programs in grades six through nine. Local programs shall be designed to 
become self-supporting through parent fees, grants, and community resources. 

Local boards of education shall apply for the funds before October 1, 1988, on 
forms provided by the Superintendent of Public Instruction. The Division of School 
Community Relations of the Department of Public Instruction shall receive applica- 
tions and shall provide technical assistance and training to local boards of education 
applying for or receiving these funds. 

Local boards of education may operate the program or may contract with non- 
profit organizations and other governmental entities for the operation of a program. 
Local units may use these funds to expand existing programs or start new programs. 

Funds received for before and after school care under this program shall remain 
available until June 30, 1991. Funds received for a program for grades kindergarten 
through five may be used for a program for grades six through nine and funds received 
for a program for grades six through nine may be used for a program for grades kinder- 
garten through five so long as the intent of the grant application is met. 

The programs shall charge fees to parents. Fees shall be affordable and consid- 
eration given to parents' ability to pay. 

The State Board of Education shall encourage local boards of education to seek 
other available community resources, such as Social Services Block Grant funds or 
State funds for day care, to pay for their programs. 



July 8, 1988 



1988] SENATE JOURNAL 267 

The Department of Public Instruction shall report to the General Assembly in 
March of 1989 on the progress of local school administrative units in implementing 
local programs. 

Requested by: Senator Rand 

PROJECT TEACH FUNDS 

Sec. 97.4. Of the funds appropriated to the Department of Public Education for 
the 1988-89 fiscal year, the sum of seventy-three thousand dollars ($73,000) may be 
used to: 

(1) Maintain the Project Teach Initiative in the Robeson, Pitt, Cumber- 
land, Warren, Halifax, and Northampton County Schools and the Dur- 
ham and Greensboro City Schools; 

(2) In at least two of those counties, to expand the project to focus on par- 
ents of students in the seventh grade so as to involve parents in the 
coaching and support of promising minority young people; and 

(3) To expand Project Teach into at least two additional local school ad- 
ministrative units. 

The Department of Public Instruction shall administer the project and may not 
contract with any public or private entity other than local school administrative units 
for administration of the project. 

PART XV UNIVERSITY OF NORTH CAROLINA 

Requested by: Senators Barker, Guy 

SCALLOP RESEEDING/AQUACULTURE 

Sec. 98. (a) It is the policy and goal of the State: 

(1) To develop the ability in North Carolina to reseed bay scallops as a 
contingency for replenishing scallops after natural disasters such as the 
red tide and hurricanes, or other disasters such as spills of toxic materi- 
als; and 

(2) To demonstrate the feasibility of commercial bay scallop aquaculture. 

(b) The University of North Carolina Sea Grant College Program shall develop 
and implement a two year program to test the feasibility of replenishing bay scallop 
populations through reseeding and of initiating bay scallop aquaculture. The Univer- 
sity of North Carolina shall make an interim report on the results of this program to 
the 1989 General Assembly and shall make a final report to the 1989 General Assem- 
bly, Regular Session 1990. 

(c) The Board of Governors of The University of North Carolina shall allocate 
forty-five thousand dollars ($45,000) of the funds appropriated to it for the 1988-89 
fiscal year to The University of North Carolina Sea Grant College Program at North 
Carolina State University to implement the program established by this section. 
Requested by: Representative Ed Warren 

ECU MED SCHOOL MEDICARE-MEDICAID REIMBURSEMENT 

Sec. 99. Section 231(b) of Chapter 738 of the 1987 Session Laws reads as 
rewritten: 

" (b) This section shall remain effective until Juno 30. 19 88 June 30. 1989 . " 
Requested by: Representative Nesbitt, Senator Ward 

SHIFT PREMIUM PAY/NURSING SALARIES 

Sec. 100. (a) Section 9 of Chapter 738 of the 1987 Session Laws reads as 
rewritten: 

"Sec. 9. Shift premium pay shall be paid to all State employees in non-medically 
related positions through salary grade 69 and to all State employees in medically re- 
lated positions through salary grade ?^ ^75. subject to the provisions of this section. 
Shift premium pay for employees in medically related positions shall be limited to <«» 
Dorcont flO^^ a maximum of twenty percent ^20%^) of salary or ono dollar ($1.00) 
por hour, whiohovor is groator. — Tho State Poroonnol Commission shall sot tho higher 



July 8, 1988 



268 SENATE JOURNAL [Second Session 

shift premium pay for employoos in medically relat e d positions only aftor finding that 
tho higher pav is nocoGoarv to moot oxioting oompotition from private omplovora. for 
weekday nights and to a maximum of thirty percent r30%^ o f salary for weekend 
nights. 

The State Personnel Commission may not adopt a shift premium pay schedule 
higher than those stated in this section unless the higher schedule is first approved by 
the General Assembly and funds are appropriated to implement the higher pay. The 
Commission may, however, request authorization to pay shift premium pay to employ- 
ees in grades above those stated in this section when the Commission determines that 
there is a critical shortage of employees in a position because of competition from 
private employers who pay shift premium pay for that type work. Such a request shall 
be made to the General Assembly if it is in session; otherwise, the request shall be 
approved by the Director of the Budget with the advice of the Advisory Budget Com- 
mission. 

The State Personnel Commission shall strictly enforce its regulation requiring that 
employees who receive shift premium pay be regularly assigned to night or shift work. 
In enforcing the regulation the Commission shall strictly construe 'regularly' so that 
shift premium pay shall not be paid to employees temporarily placed on a shift receiv- 
ing such pay." 

(b) Funds in the amount of three million five hundred thousand dollars 
($3,500,000) appropriated for the 1988-89 fiscal year and included in Section 2 of 
this act for a Reserve for Salary Adjustments may be used for a salary range revision 
for nurses and licensed practical nurses, for additional requirements for shift premium 
pay for nurses, to fund permanent weekend, evening, and night pay plans for nurses, 
and to adjust nurses' salaries to address internal inequities and job performance. 
These funds may only be used with the approval of the Office of State Budget and 
Management. 

Requested by: Representative Watkins 

UNIVERSITY FUND TRANSFER FOR CERTAIN PROGRAM 

AREAS 

Sec. 101. From the 1988-89 base budget appropriations to the 16 constituent 
institutions of The University of North Carolina, the Board of Governors may transfer 
appropriations among the constituent institutions in the amount of five million five 
hundred thousand dollars ($5,500,000) in the utilities budgets to fund urgent Univer- 
sity-wide needs in the program areas of computing, medical education, inter-institu- 
tional programs, basic program support, and physical plant operations and repairs. 

Requested by: Representative Ed Warren 
ECU BUDGET CODE DIVISION 

Sec. 102. The one hundred million nine hundred three thousand six hundred 
forty-one dollars ($100,903,641) appropriated for the 1988-89 fiscal year and in- 
cluded in Section 2 of this act, for current operations to East Carolina University shall 
be divided into two budget operating codes as follows: 

East Carolina University 

a. Academic Affairs $58,785,253 

b. Health Affairs $42,118,388 

The "Health Affairs" operating budget code includes the School of Medicine and 
related operations. 

Requested by: Senator Royall 

AUTISTIC ADULTS FUNDS 

Sec. 103. Section 24 of Chapter 795 of the 1987 Session Laws reads as rewrit- 
ten: 

"Sec. 24. Of the funds appropriated in Section 4 of this act to the Board of Gover- 
nors of The University of North Carolina for Division TEACCH of the School of 
Medicine at The University of North Carolina at Chapel Hill for the 1987-88 fiscal 



July 8, 1988 



1988] SENATE JOURNAL 269 

year the sum of six hundred thirty-eight thousand dollars ($638,000) shall be used for 
purchasing and improving property for a special living and training center for adult 
persons with autism who have aged beyond public school services; provided that such 
funds shall be expended only upon certification by the Office of State Budget and 
Management that appropriate provisions for transfer of title to the property have been 
made. Of these fu nds, no more than thirtv-nine thousand dollars r$39.000^ mav be 
expended fo r services provided bv the Autistic Foundation of North Carolina. Inc.. in 
planning and development of the center." 

Requested by: Senators Seymour, Walker, Royall 
REGIONAL TEACCH CENTER 

Sec. 105. Of the funds appropriated to The University of North Carolina at 
Chapel Hill, Division of Health Affairs, for the 1988-89 fiscal year and included in 
Section 2 of this act, two hundred twenty-six thousand eight hundred fifty-six dollars 
($226,856) shall be used to establish a pilot regional TEACCH Center to serve the 
Greensboro, High Point, and Winston-Salem area. This project shall be funded by 
the transfer of General Fund appropriations from physical plant operations made pos- 
sible by the increased amount of the thirty percent (30%) of overhead receipts trans- 
ferred into that budget purpose. 

Requested by: Representatives Watkins and Bob Etheridge 
CENTENNIAL CAMPUS CENTER 

Sec. 107. Of the funds appropriated for fiscal year 1988-89 by this act to the 
Office of State Budget and Management for the Centennial Campus Center at North 
Carolina State University, the sum of one million five hundred thousand dollars 
($1,500,000) is for planning and development of a sports arena on the Centennial 
Campus or at another location to be determined by the Board of Trustees of North 
Carolina State University, but funds shall only be available if matched on a dollar-for- 
dollar basis by non-State funds, such as from alumni, and shall only be available if 
the appropriate University body with authority over such matters agrees to allocate 
one-half of the seats at such sports arena for students at all regular North Carolina 
State University athletic contests held at such sports arena. Such funds shall be avail- 
able as matched, shall not revert, and shall remain available for expenditure until 
rescinded by act of the General Assembly. It is the intent of the General Assembly to 
match any non-State funds received for this purpose in excess of the one million five 
hundred thousand dollars ($1,500,000). 

PART XVI JUDICIAL DEPARTMENT 

Requested by: Representative Watkins 

DEATH PENALTY RESOURCE CENTER 

Sec. 109. Of the funds appropriated to the Judicial Department for the 1988-89 
fiscal year and included in Section 2 of this act to be used for indigent counsel fees, the 
sum of one hundred ninety-one thousand five hundred five dollars ($191,505) shall be 
used by the Office of the Appellate Defender for the Death Penalty Resource Center. 

Requested by: Representative Watkins 

J ADD ASSISTANT DISTRICT ATTORNEYS 

Sec. 111. G.S. 7A-60(al) reads as rewritten: 
"(al) The counties of the State are organized into prosecutorial districts, and each 
district has the counties and the number of full-time assistant district attorneys set 
forth in the following table: 

No. of Full-Time 
Judicial Asst. District 

District Counties Attorneys 

1 Camden, Chowan, Currituck, 5 

Dare, Gates, Pasquotank, 
Perquimans 



July 8, 1988 



270 SENATE JOURNAL [Second Session 



2 


Beaufort, Hyde, Martin, 
Tyrrell, Washington 


4 


3A 


Pitt 


4i 


m 


Carteret, Craven, Pamlico 


4 


4 


Duplin, Jones, Onslow, 
Sampson 


8 


5 


New Hanover, Pender 


7 


6 


Bertie, Halifax, Hertford, 
Northampton 


4 


7 


Edgecombe, Nash, Wilson 


7 


8 


Greene, Lenoir, Wayne 


8 


9 


Franklin, Granville, 
Person, Vance, Warren 


6 


10 


Wake 


15 


11 


Harnett, Johnston, Lee 


6 


12 


Cumberland, Hoke 


12 


13 


Bladen, Brunswick, Columbus 


5 


14 


Durham 


8 


15A 


Alamance 


3 


15B 


Orange, Chatham 


3 


16 


Robeson, Scotland 


7 


17A 


Caswell, 
Rockingham 


^1 


17B 


Stokes, Surry 


3 


18 


Guilford 


14 


19A 


Cabarrus, Rowan 


^i 


19B 


Montgomery, Randolph 


^1 


20 


Anson, Moore, Richmond, 
Stanly, Union 


8 


21 


Forsyth 


9-lQ, 


22 


Alexander, Davidson, Davie, 
Iredell 


7 


23 


Alleghany, Ashe, Wilkes, 
Yadkin 


3 


24 


Avery, Madison, Mitchell, 
Watauga, Yancey 


3 


25 


Burke, Caldwell, Catawba 


8 


26 


Mecklenburg 


19 


27A 


Gaston 


6 


278 


Cleveland, 
Lincoln 


4 


28 


Buncombe 


5 


29 


Henderson, McDowell, Polk, 
Rutherford, Transylvania 


6 


30 


Cherokee, Clay, Graham, 
Haywood, Jackson, Macon, 
Swain." 


5 



Requested by: Representative Blue 

TECHNICAL CORRECTION/JUDICIAL ELECTIONS 

Sec. 112. (a) Section 6 of Chapter 1056, Session Laws of 1987 reads as rewrit- 
ten: 

"Sec. 6. The other district court judgeship for District Court District 16A, as pro- 
vided for in section 4 of this act, shall become effective July 1, 1989. The judgeship 
shall be filled, to the extent applicable, in the manner provided for in G.S. 7A-142, 
as amended by subsection (g) of this section , as if a vacancv had occu rred on April 1. 



July 8, 1988 



1988] SENATE JOURNAL 271 

1989. and the initial appointee shall serve until a successor takes office, Tho rolovant 
dalo undor tho last oontonoo of G.S. VA - llS ohall bo May 1, 19 8 9. — Tho initial term 
of offioo shall oxpiro on th e first day of Doc e mb e r 1990, and a successor shall b e 
olnr.tnH in lOQfl for a four-voar term. In the November. 1990 G eneral Election, and 
quadrenniallv thereafter, a successor shall be elected for a four-vear term beginning 
the first M onday in December after the election." 

(b) Section 7 of Chapter 1056, Session Laws of 1987 is amended by deleting: "If 
House Bill 2216, 1987 Session is enacted. Section 16 of that act, which amends G.S. 
7A-142, is repealed. In any case, effective January 1, 1989" and substituting: "Sec- 
tion 16 of Chapter 1037, Session Laws of 1987 is repealed. Effective January 1, 
1989". 

Requested by: Representative Watkins 

INDIGENT PERSONS' ATTORNEY FEE FUND 

Sec. 113. (a)(1) Effective July 1, 1988, the Administrative Office of the 
Courts shall place the sum of three million dollars ($3,000,000) from the Indigent 
Persons' Attorney Fee Fund in a reserve for capital cases and for transcripts, profes- 
sional examinations, and expert witness fees. The Administrative Office of the Courts 
shall allot these funds as needed for these purposes and for unanticipated demands on 
the fund. 

(2) Effective July 1, 1988, the Administrative Office of the Courts shall allot the 
sum of nine million seven hundred seventy-four thousand six hundred thirty-six dol- 
lars ($9,774,636) from the Indigent Persons' Attorney Fee Fund for adult, juvenile, 
and guardian ad litem cases for the 1988-89 fiscal year to each judicial district where 
the superior and district court districts are coterminous, and otherwise by county, ac- 
cording to the case-load of indigent persons who were not represented by the public 
defender in the districts or counties during 1987-88. 

The Administrative Office of the Courts shall notify all the senior resident supe- 
rior court judges, all chief district court judges, and the clerk of superior court for each 
county of the amount available for the district or county immediately after the allot- 
ment is made and shall notify them how much remains for the district or county at the 
end of each month of the fiscal year. 

The senior resident superior court judge and the chief district court judge of each 
district or county shall ask all judges holding court within the district or county: (i) to 
take into consideration the amount allotted at the beginning of the fiscal year and the 
amount remaining in the allotment when they award counsel fees to attorneys of indi- 
gent persons, and (ii) to make an effort to award fees equally and justly for legal 
services provided. The clerk of superior court for each county shall assure that all 
judges holding court within the county receive this request from the senior resident 
superior court judge and the chief district court judge. 

The General Assembly requests that the Administrative Office of the Courts de- 
velop a fee schedule for attorneys of indigent persons for compensating counsel on a 
per case basis and that the Administrative Office of the Courts report that schedule to 
the 1989 General Assembly before March 1, 1989. 

(3) If the funds allotted pursuant to subdivision (2) of this subsection are de- 
pleted in a district or county prior to the end of the 1988-89 fiscal year, the Adminis- 
trative Office of the Courts shall allot the funds from the Reserve for Indigent Persons' 
Attorney Fee Funds in the same manner as provided in subdivision (2) and such funds 
shall be subject to the limitations and directions set out in subdivision (2). 

(b) G.S. 7A-458 reads as rewritten: 
"§ 7A-458. Counsel fees. — In districts which do not have a public defender, the 
court shall fix the fee to which an attorney who represents an indigent person is enti- 
tled. In doing so, the court shall allow a fee based on the factors normally considered 
in fixing attorneys' fees, such as the nature of the case, and the time, effort and 
responsibility involved , and tho foo usually charged in similar oasos . Fees shall be 
fixed by the district court judge who hears the case for actions or proceedings finally 



July 8, 1988 



272 SENATE JOURNAL [Second Session 

determined in the district court and by the superior court judge who hears the case for 
actions or proceedings originating in, heard on appeal in, or appealed from the supe- 
rior court. Even if the trial, appeal, hearing or other proceeding is never held, prepa- 
ration therefor is nevertheless compensable." 
(c) G.S. 7A-456 reads as rewritten: 

"§ 7A-456. False statements; penalty. — XaX A false material statement made 
by a person under oath or affirmation in regard to the question of his indigency consti- 
tutes perjury, and upon conviction thereof, the defendant may be punished as provided 
in G.S. 14-209. 

(h) A judicial official making the determination of indigency shall notifv the person 
of the provisions of subsection (a.) of this section and shall explain to him the meaning 
of and the consequences of committing the crime of periurv. 

(c) After a determination is made that a person is an indigent, the clerk of superior 
court for the countv in which the determination was made shall make reasonable ef- 
forts to de termine that, except for property he listed when the determination was 
made, the person owns no real property in that county." 

PART XVII DEPARTMENT OF JUSTICE 

Requested by: Representative Watkins 

JORDAN LAKE AND KERR LAKE LAW ENFORCEMENT 

Sec. 114. Of the funds appropriated to the Department of Justice for the 
1988-89 fiscal year and included in Section 3 of this act, the sum of twenty-five thou- 
sand dollars ($25,000) shall be used by Chatham County during fiscal year 1988-89 
and the sum of twenty-five thousand dollars ($25,000) shall be used by Vance County 
during fiscal year 1988-89 for law enforcement at the public access and camping areas 
during peak use times at Jordan Lake and Kerr Lake. Chatham and Vance Counties 
shall report before December 1, 1988, on expenditures of these funds to the Joint 
Legislative Commission on Governmental Operations and to the Fiscal Research Divi- 
sion. 

Requested by: Representatives Anderson and Holt, Senator Marvin 

USE OF SEIZED AND FORFEITED PROPERTY TRANSFERRED 

TO STATE LAW ENFORCEMENT AGENCIES BY THE FEDERAL 

GOVERNMENT 

Sec. 115. (a) Assets transferred to the Department of Justice during the 1988-89 
fiscal year pursuant to 19 U.S.C. § 1616a shall be credited to the budget of that De- 
partment and shall result in an increase of law enforcement resources for the Depart- 
ment. Assets transferred to the Department of Crime Control and Public Safety during 
the 1988-89 fiscal year pursuant to 19 U.S.C. § 1616a shall be credited to the budget 
of that Department and shall result in an increase of law enforcement resources for the 
Department. Each of these Departments shall report to the Joint Legislative Commis- 
sion on Governmental Operations on how it intends to use these assets before it uses 
these assets^ 

The General Assembly finds that the use of these assets for new projects, the 
acquisition of real property, repair of buildings where such repair includes structural 
change, and construction of or additions to buildings may result in additional expense 
for the State in future fiscal periods; therefore the Department of Justice and the De- 
partment of Crime Control and Public Safety are prohibited from using these assets for 
such purposes without the prior approval of the General Assembly. 

(b) This section does not apply to the extent that it prevents North Carolina law 
enforcement agencies from receiving funds from the U. S. Department of Justice pur- 
suant to 19 U.S.C. § 1616a. 

Requested by: Senator Rand 

UNIFORM LAWS COMMISSION FUNDS 

Sec. 1 16. 1 . Of the funds appropriated for the 1988-89 fiscal year to the Contin- 
gency and Emergency Fund the sum of twenty thousand dollars ($20,000) shall be 



July 8, 1988 



1988] SENATE JOURNAL 273 

allocated to the Department of Justice for the Uniform Laws Commission to support 
travel to necessary meetings for the Commission. 

Requested by: Representatives Watkins and Bob Etheridge 

SBI LAB TO BE LOCATED ON GARNER ROAD CAMPUS 

Sec. 117. The new State Bureau of Investigation Facility shall be located on the 
Garner Road Campus, and no funds shall be used to locate the laboratory at any other 
location. 

PART XVIII DEPARTMENT OF CRIME CONTROL AND PUBLIC 

SAFETY 

Requested by: Representative Holt, Senator Marvin 

DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY 

RECEIPTS FROM PROPERTY AND EQUIPMENT SALES 

Sec. 118. The Joint Legislative Commission on Governmental Operations and 
the Fiscal Research Division may study the procedure and practices used by the De- 
partment of Crime Control and Public Safety in reporting, accounting for, and using 
receipts from the sale of property or equipment by that Department without prior ap- 
proval from the General Assembly. 

PART XIX DEPARTMENT OF CORRECTION 

Requested by: Representative Barnes 

GATE MONEY INCREASE 

Sec. 120. (a) G.S. 148-13(a) reads as rewritten: 
"(a) The Secretary of Correction may issue regulations regarding the grades of cus- 
tody in which State prisoners are kept, the privileges and restrictions applicable to 
each custody grade, and the amount of cash, clothing, etc., to be awarded to State 
prisoners after their discharge or parole. The amount of cash awarded to a prisoner 

uppn <;ii§chars9 qt p^r<?k an?r Wmg in<?ar9?rat?d Iq: \^q v<?^r§ qj l9ng?r shall !?? at 
Igftgt fpm-nv? <iQ\\m ($4^,00)." 

(b) G.S. 148-60.1 reads as rewritten: 

"§ 148-60.1. Allowances for paroled prisoner. — Upon the release of any 
prisoner upon parole, the superintendent or warden of the institution shall provide the 
prisoner with suitable clothing and, if needed, an amount of money sufficient to pur- 
chase transportation to the place within the State where the prisoner is to reside. The 
Parole Commission may, in its discretion, provide that the prisoner shall upon his 
release on parole receive a sum of money not to oxoood twonty - fivo dollars ($25.00). 

Ql at l?ast fQrtY-fiv? liiQllars ($4^,00)," 

(c) Of the funds appropriated to the Department of Correction for the 1988-89 
fiscal year and included in Section 2 of this act, the Department shall pay for the 
increase in money that may be awarded to a prisoner upon his discharge from prison 
or release on parole as provided in G.S. 148-13(a) and G.S. 148-60.1. 

Requested by: Representative Watkins 

LIMIT USE OF PRISON PERSONNEL FUNDS 

Sec. 121. (a) Funds appropriated for the 1988-89 fiscal year and included in 
Section 2 of this act to the Department of Correction for new personnel positions set 
forth in the expansion budget approved by the General Assembly in this act shall be 
used for those positions and may not be expended for any other purpose. 

(b) Funds appropriated for the 1988-89 fiscal year and included in Section 2 of 
this act to the Department of Correction and held in reserve for Craggy Correctional 
Center and for Buncombe Correctional Center may not be expended for additional 
prison personnel positions until the new facilities are within 90 days of completion, 
and then those funds may be used only for the new positions at those facilities as set 
out in the expansion budget approved by the General Assembly in this act. 



July 8, 1988 



274 • SENATE JOURNAL [Second Session 

Requested by: Representative Barnes, Senator Parnell 

ELECTRONIC PERIMETER SECURITY SYSTEM AT JOHNSTON 

PRISON UNIT AUTHORIZED 

Sec. 122. (a) Section 14(b) of Chapter 795 of the 1987 Session Laws reads as 
rewritten: 

"(b) Except as otherwise authorized by the General Assembly, no electronic pe- 
rimeter security system may be purchased for or installed at any custodial or correc- 
tional facility operated by the Department of Correction. No electronic perimeter se- 
curity system may be purchased for or installed at any custodial or correctional facility 
authorized for construction or renovation under Chapter 3 of the 1987 Session Laws, 
except that such a system may be purchased and installed at the new Craggy Prison in 
Buncombe County and at McCain Prison in Hok e County . " 

(b) Of the funds appropriated for the 1988-89 fiscal year and included in Section 
4 of this act to the Office of State Budget and Management for new prison construc- 
tion, an electronic perimeter security system may be purchased and installed at the 
Johnston County Prison Unit. 

Requested by: Representative Watkins, Senator Plyler 

-PRISON FACILITIES CONSTRUCTION FUNDS 

Sec. 123. (a) Of the funds appropriated for the 1988-89 fiscal year and in- 
cluded in Section 4 of this act to the Office of State Budget and Management, the sum 
of seventeen million four hundred forty-seven thousand three hundred ninety-one dol- 
lars ($17,447,391) for the 1988-89 fiscal year shall be used as follows: 

(1) To construct two 104-bed medium custody dormitories at the Harnett 
Prison Unit; 

(2) To construct two 104-bed medium custody dormitories at the Johnston 
Prison Unit; 

(3) To construct a 104-bed medium custody dormitory at the Franklin 
Prison Unit; 

(4) To construct a 104-bed medium custody dormitory at the Sampson 
Prison Unit; 

(5) To construct and improve support facilities at the sites authorized in 
subdivisions (1) through (4) of this section; and 

(6) To contract for outside professional assistance in administering these 
funds. 

If, in the preparation for construction, conditions are discovered at any of the 
foregoing sites making them unsuitable for construction, such housing units and re- 
lated support facilities may be constructed on State property adjacent to or within the 
other State prison facilities. 

Contracts shall be entered into in such manner so that all projects listed in subdi- 
visions (1) through (6) of this section shall be accomplished within the sum of seven- 
teen million four hundred forty-seven thousand three hundred ninety-one dollars 
($17,447,391). 

(b) The Office of State Budget and Management may contract for and supervise 
all aspects of design, construction, or demolition of prison facilities designated in sub- 
divisions (1) through (5) of subsection (a) of this section without being subject to the 
requirements of the following statutes and rules implementing those statutes: G.S. 
143-135.26(1), 143-128, 143-129, 143-132, 143-134, 143-131, 143-64. 10 through 
143-64.13, 113A-1 through 113A-10, 113A-50 through 113A-66, 133-1. 1(b), and 
133-1. 1(g). All contracts for the design, construction, or demolition of these facili- 
ties shall include a penalty for failure to complete the work by a specified date. 

Construction of the dormitories set out in subdivisions (1), (2), (3), and (4) of 
subsection (a) of this section shall be based on the existing design used for the new 
104-man dormitories built in the South Piedmont Area of the Division of Prisons to 
comply with the consent judgment in the case of HUBERT v. WARD, allowing for site 
adaptations and other necessary modifications. 



July 8, 1988 



1988] SENATE JOURNAL 275 

This subsection expires upon completion of the capital projects designated in 
subdivisions (1) through (5) of subsection (a) of this section. 

(c) The Office of State Budget and Management shall report to the Cochairmen 
of the Prison Construction Subcommittee of the Joint Legislative Commission on Gov- 
ernmental Operations at least monthly and shall report quarterly to the Joint Legisla- 
tive Commission on Governmental Operations and the Fiscal Research Division on the 
funds allocated by this section. The report shall include information on which con- 
tractors have been selected, what contracts have been entered into, the projected and 
actual occupancy dates of facilities contracted for, the number of prison beds to be 
constructed on each project, the location of each project, and the projected and actual 
cost of each project. 
Requested by: Representative Watkins 
CALEDONIA PRISON WASTEWATER TREATMENT FACILITY 

Sec. 124. (a) Out of the funds appropriated to the Department of Correction for 
the 1988-89 fiscal year and included in Section 4 of this act, a proper wastewater 
treatment facility shall be provided for Caledonia Prison Farm. 

(b) The Department of Correction shall report quarterly to the Chairmen of the 
Appropriations Base Budget Committee and the Appropriations Expansion Budget 
Committee in the House, the Chairmen of the Appropriations Committee and the Base 
Budget Committee in the Senate, and the Joint Legislative Commission on Govern- 
mental Operations and the Fiscal Research Division on the expenditures made to im- 
plement this section. 
Requested by: Senator Warren 
JOHNSTON PRISON CHAPEL/DONATION 

Sec. 125. The Office of State Budget and Management may accept a donation 
from At the Foot of the Cross Chapel, Inc. , for the purpose of building an extension to 
be used as a chapel on a proposed support building at Johnston County Prison Unit. 

Requested by: Representatives Barnes, Bowen 

SAMPSON PRISON CHAPEL/DONATION 

Sec. 126. The Office of State Budget and Management may accept a donation 
from the Clinton Ministerial Association Prison Chapel Fund in the sum of thirty thou- 
sand four hundred seven dollars and ninety-eight cents ($30,407.98) to build an ex- 
tension to a proposed support services building at the Sampson County Prison Unit. 
The extension will serve as a chapel for the Sampson County Prison Unit. If the 
proposed support services building is not constructed at the Sampson County Prison 
Unit, the donation for the prison chapel may not be accepted. 

Requested by: Senator Plyler 

SUBSTANCE ABUSE PROGRAM PERSONNEL 

Sec. 126.1. (a) Subsection (c) of Section 1 11 of Chapter 738 of the 1987 
Session Laws reads as rewritten: 

"(c) The Substance Abuse Program established by subsection (a) of this section 
shall be offered in a medium custody facility, or a portion of a medium custody facility 
that is self-contained, so that the residential and program space is separate from any 
other programs or inmate housing, and shall be operational by January 1, 1988, at 
such unit as the Secretary may designate. 

An Assistant Secretary for Substance Abuse shall be employed and shall report 
directly to the Office of the Secretary of Correction. A Correctional Administrator I 

sh^ll \>^ empiQv^cj \Q m^nag? prQsr^ms f<?r off?n^?r§ wjth $ui^giance qi?u§? pr<?Mgm§ in 

th? P?p^rtmem Qj CpfT^ptipn anct its aivigjQns, Th? Cprr^ctjQn^} A<;imini?tratpr I 

shall report to the Assistant Secretarv for Substance Abuse . A Secretary IV shall be 
emploved to assist the Correctio nal Administrator I. An Administrative Officer II and 
a Secretary IV shall be employed to assist the Assistant Secretary and work under his 
direction and management. The duties of the Assistant Secretary shall include the 
following: 



July 8, 1988 



276 " SENATE JOURNAL [Second Session 

(1) Administer and coordinate all substance abuse programs, grants, con- 
tracts, and related functions in the Department of Correction; 

(2) Develop and maintain working relationships and agreements with agen- 
cies and organizations that will assist in developing and operating a Sub- 
stance Abuse Program in the Department of Correction; 

(3) Develop and coordinate the use of volunteers in the Substance Abuse 
Program; 

(4) Develop and present training programs related to substance abuse for 
employees and others at all levels in the agency; 

(5) Develop programs that provide effective treatment for inmates, proba- 
tioners, and parolees with substance abuse problems; 

(6) Maintain contact with key leaders in the substance abuse field and ac- 
tive supporters of the Correction Program; 

(7) Supervise directly the directors of treatment units, specialized person- 
nel, and programs that exist or may be developed in the Department of 
Correction; and 

(8) Develop employee assistance programs for employees with substance 
abuse problems. 

Ten additional program staff shall be employed. There shall be a Correctional 
Program Director II who is responsible to the Assistant Secretary for Substance Abuse. 
This employee shall be responsible for managing and implementing the inpatient treat- 
ment program. Also employed will be a Correctional Program Director I, two Correc- 
tional Program Supervisors, four Correctional Program Assistant II's, one Correc- 
tional Program Assistant I, and one Clerk-Stenographer IV. 

The duties of the Program Director shall include the following: 

(1) Implement and manage the inpatient treatment program for inmates 
with substance abuse problems; 

(2) Supervise personnel assigned to the inpatient treatment program; 

(3) Assist in developing the treatment program for inmates with substance 
abuse problems; 

(4) Recruit and develop staff for the inpatient program and other staff re- 
quired; 

(5) Assist in developing linkage and follow-up of inmates between the inpa- 
tient program, related agencies, organizations, and other facilities of 
the Department of Correction; 

(6) Be responsible for treatment plans and daily activities and schedules for 
all assigned inmates; 

(7) Develop methods for involving families of inmates in the program to the 
extent deemed appropriate and useful; and 

(8) Other duties as required. 

Preference shall be accorded to qualified recovering alcoholics and substance abusers 
in the employment of treatment counselors. 

In the unit there shall be a unit superintendent under the Division of Prisons and 
other custodial, administrative, and support staff as required for a medium custody 
facility for approximately 100 inmates. The unit superintendent shall be responsible 
for all matters pertaining to custody and administration of the unit. The Correctional 
Program Director II will administer the inpatient treatment program under the direc- 
tion of the Assistant Secretary for Substance Abuse. 

Extensive use may be made of inmates working in the role of ancillary staff, peer 
counselors, role models, or group leaders as the program manager determines. Addi- 
tional resource people who may be required for specialized treatment activities, pres- 
entations, or group work may be employed on a fee or contractual basis. 

The program in each unit shall be structured such that approximately 25 offenders 
will enter the Program on a weekly basis. 

Admission priorities shall be established as follows: 



July 8, 1988 



1988] SENATE JOURNAL 277 

(1) Court recommendation. 

(2) Evaluation and referral from reception and diagnostic centers. 

(3) General staff referral. 

(4) Self-referral. 

The program shall include extensive follow-up after the period of intensive treatment. 
There will be specific plans for each departing inmate for follow-up, including active 
involvement with Alcoholics Anonymous, community resources, and personal spon- 
sorship." 

(b) The Department of Correction may use up to eighty-one thousand dollars 
($81,000) of the funds available to it for the 1988-89 fiscal year to support the posi- 
tions of Correctional Administrator I and Secretary IV for the Substance Abuse Pro- 
gram. 

PART XX DEPARTMENT OF HUMAN RESOURCES 

Requested by: Senator Royall 

LENOX BAKER TRANSFER/TECHNICAL CORRECTION 

Sec. 127. (a) Section 16 of Chapter 856 of the 1987 Session Laws reads as 
rewritten: 

"Sec. 16. G.S. ^^3U ^ ^^3(a)(5) 143B-173raV3^ is repealed." 

(b) This section shall become effective August 14, 1987. 

Requested by: Representative Nye 

CASWELL COUNTY FAMILY MEDICAL CENTER 

Sec. 128. Of the funds appropriated to the Department of Human Resources, 
Division of Facility Services, for the 1988-89 fiscal year and included in Section 3 of 
this act, the sum of one hundred forty-five thousand dollars ($145,000) shall be used 
to construct an extension to the Caswell County Medical Center to help meet the medi- 
cal needs of the area. 

Requested by: Senator Walker, Representative Nye 
PREVENTION PROGRAMS FUNDS 

Sec. 129. Section 100 of Chapter 738 of the 1987 Session Laws reads as rewrit- 
ten: 

"Sec. 100. (a) Social Services Block Grant funds appropriated in Section 4 of this 
a^ for fiscal vear 1988-89 and included in Section 5 of this act shall be allocated as 
follows: 

Swain County Cherokee Boys Club, Inc. $30,000 

Caldwell County Health Department 30,000 

Robeson County Health Department 30,000 

Harnett County Health Department 40,000 

Buncombe County Health Department 40,000 

Carteret County Community Action, Inc. 40,000 

Davidson County Health Department 40,000 

Greene County Health Care, Inc. 40,000 

Bertie County Health Department 40,000 

Scotland County Health Department 40,000 

Macon County Programs for Progress 55,000 
Mecklenburg County N.C. Coalition on Adolescent 

Pregnancy . 20,000 

(b) Frogramg rgg?iving fyn<;i? ^llQP^t?<J un4?r thi? sgptjon ?h^ll u$e tn??? fyn<j§ Wi 

adolescent pregnancy prevention and prematurity preven tion projects. 

^b^ iSil No funds allocated under this section shall be used for purchase and pre- 
scriptions of contraceptives, nor shall contraceptives be distributed on school property 
under this section. None of the funds allocated under this section may be used for 
transportation to and from abortion services. None of the funds allocated under this 
section may be used for abortions. This subsection applies only to the funds allocated 
under this section. 



July 8, 1988 



278 SENATE JOURNAL [Second Session 

(d) Each program receiving funds under this section shall report to the Department 
of Human Resources those program specifics required bv the Department, including 
specifics re quired bv the Department designed to permit evaluation of the program's 

success in fulfilling the requirement set out in subsection (b) of this section. Ths. 

Department shall report to the General Assembly no later than Mav 1. 1989. on the 
programs' operations, including anv legislative recommendations." 

Requested by: Senator Walker, Representative Nye 
RESPITE CARE PROGRAM 

Sec. 130. (a) Section 101(a) of Chapter 738 of the 1987 Session Laws reads as 
rewritten: 

" (a) A respite care program is established to provide needed relief to caregivers of 
impaired adults who cannot be left alone because of mental or physical problems €fcft4 
whose incom e proolude cov e rag e under North Carolina's M e dicaid eligibility standards 
who are not eligible for respite care services through the North Carolina Medicaid 

(b) Section 101(h) of Chapter 738 of the 1987 Session Laws reads as rewritten: 

"(h) Up to three hundred thousand dollars ($300,000) of the funds appropriated 

from the Social Services Block Grant in Section A of this act for the 19 8 7 - 8 8 for the 

1988-89 fiscal year an*;! Jnglv^gd in Sg<?liQn 5 9f IhiS a9t may be used to implement this 

section." 

Requested by: Representative Nye 

HEALTH PROMOTION FUNDS 

Sec. 131. (a) Of the Preventive Health Block Grant funds appropriated by 
Section 5 of this act to the Division of Health Services, Department of Human Re- 
sources, for Health Promotion Programs, the sum of three hundred thirty-three thou- 
sand three hundred four dollars ($333,304) shall be allocated to the 29 risk reduction 
projects funded in 1986-87, at the same allocation rate as was used in 1986-87. 

(b) Of the Preventive Health Block Grant funds appropriated in Section 5 of this 
act to the Division Of Health Services, Department of Human Resources, for Health 
Promotion Programs, the sum of four hundred fifty-nine thousand four hundred sixty- 
one dollars ($459,461) for the 1988-89 fiscal year shall be allocated as follows: 

(1) Six thousand dollars ($6,000) each to the 29 existing risk reduction pro- 
jects; and 

(2) Two hundred eighty-five thousand four hundred sixty-one dollars 
($285,461) to be divided equally between the 55 remaining local health 
departments for risk reduction projects. 

(c) The Division of Health Services shall report to the Human Resources sub- 
committees of the House and Senate appropriations committees by March 15, 1989, 
on the use of the funds allocated by this section. 

Requested by: Representative Nye 

MEDICAID SERVICES AND PAYMENT BASES/DRUGS 

Sec. 132. Section 67(a)(5) of Chapter 738 of the 1987 Session Laws reads as 
rewritten: 

"(5) Drugs - Drug cost as allowed by federal regulations plus thro e dollars oighty - 
fivo oonto ($3. 8 5) four dollars four cents r$4.04^ professional services fee per month 
excluding refills for the same drug or generic equivalent during the same month. Reim- 
bursement shall be available for up to six prescriptions per recipient, per month, in- 
cluding refills. Payments for drugs are subject to the provisions of subsection (g) of 
this section and to the provisions at the end of subsection (a) of this section, or in 
accordance with a plan adopted by the Department of Human Resources consistent 
with federal reimbursement regulations." 

Requested by: Senator Walker, Representative Nye 

YOUTH SUBSTANCE ABUSE SERVICES PLAN DEVELOPMENT 

Sec. 134. Section 86 of Chapter 738 reads as rewritten: 



July 8, 1988 



1988] SENATE JOURNAL 279 

"Sec. 86. Of the Alcohol and Drug Abuse Treatment and Rehabilitation Block 
Grant funds appropriated in Section <1 of thio act for the 1988-89 fiscal year to the 
Department of Human Resources, tho sum of throo million sixtoon thousand sovon 
hiinrlroH fnrty oight dollarfi r$3. 016.71 8 ^ for the 19 8 7 -88 the sum of two million nine 
hundred thirty thousand eight hun dred sixtv-four dollars r$2.930.864^ shall be ex- 
pended to begin continue and expand dovolopmont of sorvioo seryices in accordance 
with the Youth Substance Abuse Plan as transmitted by the Secretary of Human Re- 
sources to the cochairmen of the Mental Health Study Commission on March 1, 1987, 
as amended by letter from the Secretary to the cochairmen dated April 28, 1987, and 
as consistent with the content and intent of the Committee Substitute for Senate Bill 
1356. These documents shall serye as policy guidelines for the deyelopment of sery- 
ices." 

Requested by: Senator Walker, Representatiye Nye 
EASTERN REGION DETOX FUNDS 

Sec. 135. Two hundred eighty-four thousand fiye hundred thirty dollars 
($284,530) of the Alcohol, Drug Abuse, Mental Health Seryices Block Grant funds 
appropriated for fiscal year 1988-89 and included in Section 5 of this act to the De- 
partment of Human Resources, Diyision of Mental Health, Mental Retardation, and 
Substance Abuse Seryices and sixty-eight thousand fiye hundred eighty dollars 
($68,580) of the Alcohol, Drug Abuse Treatment and Rehabilitation Block Grant 
funds appropriated for fiscal year 1988-89 and included in Section 5 of this act to the 
Department of Human Resources, Diyision of Mental Health, Mental Retardation, 
and Substance Abuse Services shall be used to continue the nonhospital based medical 
detox programs in the following mental health, mental retardation, and substance 
abuse services authorities, in the following amounts: 

(1) Tideland $145,110 

(2) Pitt $100,000 

(3) Onslow $ 41,000 

(4) Roanoke-Chowan $ 67,000. 

Requested by: Representative Nye 

WASTE WATER DISPOSAL AND TREATMENT STUDY 

Sec. 137. (a) Of the funds appropriated for fiscal year 1988-89 and included in 
Section 3 of this act to the Department of Human Resources, Division of Health Serv- 
ices, the sum of twenty thousand dollars ($20,000) shall be allocated to Craven 
County to be used to contract for consultation and technical assistance. 

(b) The Division of Health Services shall conduct a review of the local situations 
in Brunswick, Craven, and Pender Counties as they pertain to the evaluation of the 
sites for sub-surface waste water disposal and treatment, in order to compare the cur- 
rent laws and rules with recent technology and methods. The Division shall report the 
findings of its review to the Joint Legislative Commission on Governmental Operations 
and to the Fiscal Research Division of the Legislative Services Office by December 1 , 
1988. 

Requested by: Senator Walker, Representative Nye 

ALCOHOL REHABILITATION CENTER STUDY 

Sec. 138. (a) The Department of Human Resources shall conduct a study of the 
feasibility of operating the three Alcohol Rehabilitation Centers (ARC) as nonmedical 
rehabilitation facilities. The study shall include the determination of: 

(1) The operating costs associated with the medical component of each of 

the ARCs, and the savings to be realized from the elimination of this 
component. The costs of the medical component shall include the sala- 
ries of physicians and nurses and other staff, full time, part time, or 
contractual, engaged in the detoxification of clients upon arrival or dur- 
ing the stay at the ARC; 



July 8, 1988 



280 . SENATE JOURNAL [Second Session 

(2) The most cost effective means to provide any medical services coverage 
that may be needed in operating a nonmedical rehabilitation facility; 

(3) The effect of the change in the role of the ARCs on the existing commu- 
nity-based service system, including a survey of the types, numbers, 
and costs of existing substance abuse community-based programs and 
any recommended changes that may be needed in this system; 

(4) A plan to implement a rehabilitation component of the ARCs in accor- 
dance with the Alcoholics Anonymous treatment model. The Depart- 
ment shall confer with representatives of the substance abuse recovering 
community for advice and assistance in the development of the plan; 
and 

(5) Recommendations concerning the process to be used to pilot test a non- 
medical rehabilitation ARC program. 

(b) The Department shall report the findings of its study to the Human Re- 
sources subcommittees of the House and Senate appropriations committees by March 
15, 1989. 

Requested by: Representative Nye 

COMMUNITY WORK EXPERIENCE PROGRAM 

Sec. 139. Of funds available for fiscal year 1988-89 to the Department of Hu- 
man Resources, Division of Social Services, the sum of one hundred fifty-four thou- 
sand dollars ($154,000) shall be used to implement the community work experience 
program in Anson, Burke, Duplin, Madison, Martin, Pamlico, and Rockingham 
Counties. 

Requested by: Senators Walker, and Royall 
PILOT PROGRAM FOR CHILDREN 

Sec. 140. Of the funds appropriated to The University of North Carolina at 
Chapel Hill, Division of Health Affairs, for the 1988-89 fiscal year and included in 
Section 2 of this act, one hundred eighty-eight thousand three hundred ninety-seven 
dollars ($188,397) shall be used to establish, in conjunction with the Orange-Person- 
Chatham Mental Health, Mental Retardation, and Substance Abuse Program, a pilot 
program to train professionals to work in public sector mental health programs and to 
provide community-based treatment for emotionally disturbed children. This project 
shall be funded by the transfer of General Fund appropriations from physical plant 
operations made possible by the increased amount of the thirty percent (30%) of over- 
head receipts transferred into that budget purpose. 

Requested by: Senators Royall, Walker 

FEDERAL CATASTROPHIC HEALTH COVERAGE ALLOCATION 

Sec. 141. Of the funds appropriated for fiscal year 1988-89 and included in 
Section 2 of this act to the Department of Human Resources, Division of Medical 
Assistance, the sum of four million nine hundred thousand dollars ($4,900,000) shall 
be used to implement the provisions of the Federal Catastrophic Health Coverage Act 
of 1988 (HR 2470). Of this sum, the Division may, effective July 1, 1988, use four 
hundred thousand dollars ($400,000) for administrative and start-up costs of the pro- 
gram for fiscal year 1988-89. The Division shall hold the remaining funds in a reserve 
and shall allocate these funds for 1988-89 program costs on February 1, 1989. 

Requested by: Senator Walker, Representative Nye 

FEDERAL FUNDS/VOCATIONAL REHABILITATION ALLOCA- 
TIONS 

Sec. 142. (a) Of the federal funds available to the Department of Human Re- 
sources, Division of Vocational Rehabilitation, through Title I, Section 110 of the 
Rehabilitation Act of 1973, as amended, the Division shall use the following sums for 
fiscal year 1988-89 for the following purposes: 

(1) The sum of one million three hundred ninety-eight thousand twelve dol- 

lars ($1,398,012) to expand the vocational high school employment 



July 8, 1988 



1988] SENATE JOURNAL 281 

transition program to assist handicapped students to prepare for the 
transition from school to work. All students in this program shall have 
an individual education/ work plan developed to assist this transition; 

(2) The sum of two hundred sixty-six thousand two hundred dollars 
($266,200) to establish a program to assist Social Security Disability 
recipients, with rehabilitation that will enable them to return to work 
and to be taken off the Social Security Disability roles; 

(3) The sum of ninety-eight thousand nine hundred ninety-nine dollars 
($98,999) for the Supported Employment Program, which provides on- 
the-job assistance in adapting to employment situations to vocational 
rehabilitation clients; and 

(4) The sum of fifty-eight thousand three hundred seventy-four dollars 
($58,374) for two engineering technicians, who shall work with the four 
rehabilitation engineers at the Division. 

(b) Of the federal funds available to the Department of Human Resources, Divi- 
sion of Services for the Blind, through Title I, Section 110 of the Rehabilitation Act of 
1973, as amended, the sum of three hundred sixty-one thousand dollars ($361,000) 
for fiscal year 1988-89 shall be used by the Division to allow Division of Services for 
the Blind's Sheltered Workshops to take on new contracts which will expand available 
employment opportunities for additional blind workers. 

(c) Of the federal funds available to the Department of Human Resources, Divi- 
sion of Vocational Rehabilitation, through Sections 2209 and 2344 of Public Law 
97-35, the sum of eight hundred ten thousand five hundred dollars ($810,500) for 
fiscal year 1988-89 shall be used by the Division to purchase the computer equipment 
necessary to complete the last phase of implementing the on-line data processing sys- 
tem for local Vocational Rehabilitation Unit offices. 

Requested by: Representative Nye 
"ACCESS" POSITION 

Sec. 143. Of the funds allocated under Section 116(a) of Chapter 830 of the 
1987 Session Laws to the Department of Human Resources, the Division of Voca- 
tional Rehabilitation shall use up to thirty-seven thousand fifty dollars ($37,050) for 
fiscal year 1988-89 for a position, to continue publication of the guidebook, ACCESS, 
a listing of recreational facilities available to the handicapped. 

Requested by: Senator Walker 

LIFEGUARDIANSHIP PROGRAM FOR THE DEVELOPMEN- 

TALLY DISABLED 

Sec. 144. Of the funds appropriated for fiscal year 1988-89 and included in 
Section 2 of this act to the Department of Human Resources, Division of Health Serv- 
ices, for the Prescription Drug Program for the Disabled, the sum of one hundred 
thousand dollars ($100,000) shall be transferred to the Division of Mental Health, 
Mental Retardation, and Substance Abuse Services, to be used for the Lifeguardian- 
ship Program for Developmentally Disabled, operated by the Association for Retarded 
Citizens. 

Requested by: Representative Nye 

POSITIONS FOR CHILD FOSTER CARE PROGRAM 

Sec. 146. Notwithstanding G.S. 143-16.3, the Department of Human Re- 
sources, Division of Social Services, with the approval of the Office of State Budget 
may establish two positions in child foster care and child placing licensure services 
from an internal reallocation of positions, if available. 

Requested by: Senator Walker, Representative Nye 
CHRONICALLY MENTALLY ILL FUNDS 

Sec. 148. Expansion funds appropriated in the amount of one million five hun- 
dred thousand dollars ($1,500,000) for fiscal year 1988-89 and included in Section 3 



July 8, 1988 



282 ' SENATE JOURNAL [Second Session 

of this act to the Department of Human Resources, Division of Mental Health, Men- 
tal Retardation, and Substance Abuse Services, for the chronically mentally ill shall be 
allocated to the Department of Human Resources' regions on a per capita basis. The 
allocation of funds by each region to the area mental health, mental retardation, and 
substance abuse authorities within the region shall be determined by the Division 
through its regional management teams. 

Requested by: Senator Walker, Representative Nye 

MATERNAL AND CHILD HEALTH PROGRAMS 

Sec. 148.3. Section 92(b) of Chapter 738 of the 1987 Session Laws reads as 
rewritten: 

"(b) The Division of Health Services shall determine the amount of additional reve- 
nue earned from Maternal and Child Health Programs by local health departments as 
a result of the expansion of Medicaid eligibility for children and pregnant women and 
the specific purposes these additional revenues were expended for, and shall report the 
results of these determinations to the Joint Legislativ e Commission on Govornmontal 
Operations Department of Human Resources subcommittees of the House and Senate 
appropriations committees and the Fiscal Research Division of the Legislative Services 
offic e Office no less than 30 days prior to the convening of th e 19 8 7 G e n e ral As se m - 
bly. Regular Soooion 19 88 bv April 15. 1989 ." 

Requested by: Senator Walker, Representative Nye 

INFLATIONARY INCREASES IN STATE AID TO LOCAL AGEN- 
CIES 

Sec. 148.4. As required by G.S. 143-10.1, funds are included in Sections 2 and 
3 of this act for inflationary increases in certain local programs, including a four and 
one half percent (4.5%) salary increase in the 1988-89 fiscal year, which increase 
will be carried forward into the 1989-90 fiscal year, computed on the State share paid 
by the State of North Carolina, where the State is presently providing aid. These 
funds shall be certified to the respective State agencies as detailed in the State budget, 
and they shall be distributed to the local agencies' programs using the same allocation 
methods by which the present aid is distributed. 

Requested by: Senator Walker, Representative Nye 

PRESCRIPTION DRUG FUNDS FOR DISABLED 

Sec. 148.5. (a) Of the funds appropriated for the 1988-89 fiscal year and 
included in Section 2 of this act to the Department of Human Resources, Division of 
Health Services, the sum of two hundred forty thousand dollars ($240,000) shall be 
used to continue the prescription drug reimbursement program for the disabled to pro- 
vide assistance in purchasing prescription drugs to people terminated from the Social 
Security Disability Program from March 1, 1981, through September 30, 1983, begun 
pursuant to Section 64(1), Chapter 1034, 1983 Session Laws. The prescription drug 
program shall serve only current residents of North Carolina. The rules for operating 
this prescription drug assistance program shall be adopted by the Secretary of the De- 
partment of Human Resources pursuant to recommendations of the Disability Task 
Force as authorized by Section 82, Chapter 757, 1985 Session Laws. 

(b) Of the funds appropriated for fiscal year 1988-89 and included in Section 2 
of this act to Department of Human Resources, Division of Health Services for the 
prescription drug program, sixty thousand dollars ($60,000) shall be transferred to the 
Office of the Secretary to continue the Social Security Disability Program Hotline. 
These funds shall be in addition to the Social Security Disability Program Hotline's 
budget of fifty-six thousand eight hundred twenty-eight dollars ($56,828) for fiscal 
year 1988-89. This program shall provide information to citizens on their rights under 
the Social Security Disability Program and shall work with the Disability Task Force as 
established in Section 82 of Chapter 757 of the 1985 Session Laws in addressing the 
recommendations of the General Assembly's Disability Review Study Commission. 



July 8, 1988 



1988] SENATE JOURNAL 283 

The Program's legal work shall be supervised by an attorney from the Department of 
Human Resources. 

(c) The Secretary of the Department of Human Resources shall report to the 
Human Resources subcommittees of the House and Senate appropriations committees 
by May 1, 1989, on the expenditure of funds required by subsections (a) and (b) of 
this section. 

(d) Of the funds appropriated for fiscal year 1988-89 and included in Section 2 
of this act to the Office of Secretary, Department of Human Resources, the sum of 
nine thousand dollars ($9,000) shall be used to continue the Disability Task Force as 
established by Section 82 of Chapter 757 of the 1985 Session Laws. 

Requested by: Senator Walker, Representative Nye 
WILLIE M. 

Sec. 148.6. Section 82(e) of Chapter 738 of the 1987 Session Laws reads as 
rewritten: 

"(e) Reporting Requirements. The Department of Human Resources and the De- 
partment of Public Instruction shall submit by May 1, 19 88 , Mav 1. 1989. a joint 
report to the Governor and the General Assembly on the progress achieved in serving 
members of the Willie M. Class. The report shall include the following unduplicated 
data for each county: (i) the number of children nominated for the Willie M. Class; 
(ii) the number of children actually identified as members of the Class in each county; 
(iii) the number of children served as members of the Class in each county; (iv) the 
number of children who remain unserved; (v) the types and locations of treatment and 
education services provided to Class members; (vi) the cost of treatment services, by 
type, to members of the Class; (vii) information on the impact of treatment and edu- 
cation services on members of the Class." 

Requested by: Senator Walker 

PIONEER PROJECT REIMBURSEMENT AUTHORIZATION 

Sec. 148.8. The Department of Human Resources may make payments of 
ADAP, ADAP Transportation, Developmental Day, Outpatient Commitment, and 
any other funds that they may be directed to pay on a subsidy basis, on a unit cost 
reimbursement basis to Pioneer Project sites in accordance with Pioneer Project proce- 
dures established pursuant to Section 87 of Chapter 738 of the 1987 Session Laws. 

Requested by: Senator Walker 

GROUP HOME PROGRAM FUNDS 

Sec. 148.9. Section 45 of Chapter 830 of the 1987 Session Laws reads as rewrit- 
ten: 

"Sec. 45. Of the funds appropriated to the Division of Mental Health, Mental 
Retardation, and Substance Abuse Services, Department of Human Resources, in 
Section 2 of this act, the sum of three hundred ninety-seven thousand four hundred 
dollars ($3^7,400) for the 1987-88 fiscal year and the sum of five hundred eighty-four 
thousand four hundred fifty-five dollars ($584,455) for the 1988-89 fiscal year shall 
be used for start-up and operational costs in group homes and apartment living pro- 
grams in Tideland, Catawba, Cleveland, Neuse, Gaston-Lincoln, Guilford, Mecklen- 
burg, ftftd-Edgecombe-Nash. New River. Durham. Tri-Countv. Orange-Person- 

Ch^tham. Pitt. Ryth^rfQrd-PQlK. Dyplin-gampspn. Pi?<jm9nt. ^n^ wjispn-Qr^^n? 

Area Programs. " 

Requested by: Senator Royall 

CHILD MENTAL HEALTH FUNDS 

Sec. 148.10. Of the funds appropriated for fiscal year 1988-89 and included in 
Section 3 of this act to the Department of Human Resources, Division of Mental 
Health, Mental Retardation, and Substance Abuse Services, the sum of one million 
dollars ($1,000,000) shall be used to expand the system of community-based services 
developed in accordance with the Child Mental Health Plan presented to the 1987 



July 8, 1988 



284 * SENATE JOURNAL [Second Session 

General Assembly in the February 1987 Report of the Mental Health Study Commis- 
sion and adopted to serve as policy guidance by Section 39 of Chapter 830 of the 1987 
Session Laws, and in accordance with the Division's plan to use fifty-five thousand 
dollars ($55,000) of these funds for community-based services in order to alleviate the 
over-census conditions of the adolescent unit at Cherry Hospital. Funds allocated by 
this section are in addition to those allocated for the 1988-89 fiscal year in Section 39 
of Chapter 830 of the 1987 Session Laws. 

Requested by: Senator Walker, Representative Nye 

CATHOLIC SOCIAL MINISTRIES GRANT-IN-AID 

Sec. 148.11. Section 27 of Chapter 830 of the 1987 Session Laws reads as 
rewritten: 

"Sec. 27. Of the funds appropriated to the Department of Human Resources for the 
1988-89 fiscal year and included in Section 3-1 of this act, the sum of thirty - fivo 
thousand nino hundred ninotv - six dollarG r$35.996) for the 19 8 7 -88 fiscal voar thirtv- 
nine thousand eight hundred seven dollars ^$39.807) shall be used to include Catholic 
Social Ministries in the private child caring institutions receiving State grants-in-aid. 
Thor . Q fundr , r.hall bo Funds allocated by the Department of Human Resources to 
Catholic Social Ministriesr shall be allocated according to rules adopted by the De- 
partment for the payment of grants-in-aid to private child caring institutions. 

Any future request for a grant-in-aid to Catholic Social Ministries shall be submit- 
ted along with the requests of the other eligible private child caring institutions accord- 
ing to the provisions of G.S. 143B-139.2." 

Requested by: Senator Royall 

IN-HOME AGING SERVICES 

Sec. 148.12. Of the funds appropriated from the General Fund to the Division 
of Aging, Department of Human Resources, for the 1988-89 fiscal year and included 
in Section 3 of this act, the sum of seven hundred twenty thousand dollars ($720,000) 
shall be used to provide funds for much needed, additional in-home aide services that 
enable the frail elderly to remain in their homes and avoid institutionalization. 

The Division shall administer the in-home aide services and activities funded by 
this section. The Division of Aging shall choose in-home service providers on the 
basis of a competitive bid process and shall include the following criteria: documented 
capacity to provide care, adequacy of quality assurance, training, supervision, abuse 
prevention, complaint mechanisms, and costs. All funds allocated by the Division 
pursuant to this section shall be allocated by October 1, 1988. 

Requested by: Senator Royall 

CAREGIVER SUPPORT 

Sec. 148.13. (a) Of the funds appropriated to the Division of Aging, Depart- 
ment of Human Resources for the 1988-89 fiscal year and included in Section 3 of this 
act, the sum of one million eight thousand dollars ($1,008,000) for the 1988-89 fiscal 
year shall be used for services that support family caregivers of elderly persons with 
functional disabilities, whether physical or mental, who want to stay in their homes 
rather than be institutionalized but who need assistance with the activities of daily 
living in order to be able to remain at home. The services that may be purchased from 
funds received under this section include: 

(1) Respite care services, under the rules adopted by the Department of Hu- 
man Resources on behalf of the Division of Aging; 

(2) Respite care and adult day care services, under the rules adopted pursu- 
ant to Title III-B of the Older Americans Act; 

(3) Stipends for senior companions, modeled after the federal Senior Com- 
panion program; 

(4) Other related services that meet needs not now adequately addressed by 
the services described in subdivisions (1) through (3) of this subsection. 



July 8, 1988 



1988] SENATE JOURNAL 285 

(b) The Division of Aging shall expend funds for these services according to the 
population of persons of 70 years and more in each region. The Division of Aging 
shall use a minimum of ninety-three percent(93%) of the funds it receives under this 
section for the services described in subdivisions (1) through (4) of subsection (a) of 
this section and may only use a maximum of seven percent (7%) for technical assis- 
tance as described in subsection (c) of this section. Funds allocated by the Division 
pursuant to this section shall be allocated by October 1, 1988. 

(c) The Division of Aging may contract for technical assistance. The technical 
assistance shall include training assistance, coordination of the various service delivery 
and funding sources, and ideas for innovative ways to build a lasting system of services 
for family caregivers. 

Requested by: Senator Walker, Representative Nye 

PRESCHOOL VISUALLY IMPAIRED PROGRAM 

Sec. 148.14. Of the funds appropriated for the 1988-89 fiscal year and included 
in Section 2 of this act to the Department of Human Resources, Division of Schools 
for the Deaf and Blind, the sum of twenty-two thousand seven hundred eighty-three 
dollars ($22,783) from line item 14424-1101-1211 are transferred to line item 
14424-1701-1291 to continue to provide educational services to preschool visually im- 
paired children. 

Requested by: Senator Walker, Representative Nye 

EXTENDED NURSING HOME CARE 

Sec. 148.15. Section 67(a)(8) of Chapter 738 of the 1987 Session Laws reads as 
rewritten: 

"(8) Home Health, Private Duty Nursing. Clinic Services, Mental 
Health Clinics, Prepaid Health Plans - Payment to be made according to reim- 
bursement plans developed by the Department of Human Resources." 

Requested by: Senator Royall 

— AGING FEDERAL MATCHING FUNDS 

Sec. 148.16. Effective July 1, 1988, the Department of Human Resources, Di- 
vision of Aging, may use funds appropriated in Sec. of this act to the Department 

of Human Resources, Secretary's Office, to provide the State matching requirement 
necessary to draw down federal money available through the new Title III-D of the 
Older Americans Act for in-home services for the frail elderly, including those with 
Alzheimers's Disease. 

Requested by: Senator Plyler 

INTERMEDIATE CARE FACILITY GROUP HOMES FOR THE 

MENTALLY RETARDED 

Sec. 148.17. Of the funds appropriated to the Department of Human Re- 
sources, Division of Mental Health, Mental Retardation, and Substance Abuse Serv- 
ices for the 1988-89 fiscal year and included in Section 3 of this act, the sum of two 
hundred forty thousand dollars ($240,000) for the 1988-89 fiscal year shall be allo- 
cated to the following programs in the following amounts for start-up costs associated 
with the development of five intermediate care facility group homes for the mentally 
retarded: 

(1) Gaston Residential Services, Inc. $96,000 

(2) Piedmont Residential Development 

Center, Inc. 96,000 

(3) Stanly County Group Homes for the 

Autistic, Inc. 48,000 



July 8, 1988 



286 . SENATE JOURNAL [Second Session 

Requested by: Senator Plyler 

FUNDS FOR ENVIRONMENTAL HEALTH PROGRAMS AND 

SERVICES 

Sec. 148. 18. Of the funds appropriated for the fiscal year 1988-89 and included 
in Section 2 of this act, the sum of three hundred thousand dollars ($300,000) is 
allocated to the Department of Human Resources, Division of Health Services for the 
purposes of providing high quality environmental health programs and services at the 
local level. This is a pilot program and these funds shall be allocated on an equal per 
county basis. 

A report to the Joint Legislative Commission on Governmental Operations shall 
be presented outlining the responsibilities that have been given to the local health de- 
partments over the past ten years and any increased costs to local health departments 
resulting from the additional responsibilities. 

Requested by: Representative Nye 

LAST CHANCE FOR CHILDREN FUNDS 

Sec. 149. Of the funds appropriated for fiscal year 1988-89 and included in 
Section 3 of this act to the Department of Human Resources the sum of seventy-five 
thousand dollars ($75,000) shall be used by Jackson County for construction of a 
residential treatment facility for the "Last Chance for Children" treatment program. 

Requested by: Representative Nye 

LAST CHANCE FOR CHILDREN FUNDS/TRANSFER 

Sec. 150. Funds appropriated in Section 36 of Chapter 830 of the 1987 Session 
Laws for fiscal year 1987-88 shall be carried forward to fiscal year 1988-89 and shall 
be transferred to Jackson County, to be used for the purchase of property for and the 
construction of a residential treatment facility for the "Last Chance for Children" 
treatment program. 

Requested by: Representative Nesbitt 

MOUNTAIN AREA OBSTETRICAL PROGRAM 

Sec. 151.1. Of the funds appropriated to the Department of Human Resources, 
Division of Health Services, for fiscal year 1988-89 and included in Section 3 of this 
act, the sum of four hundred eighty thousand dollars ($480,000) shall be allocated to 
the Mountain Area Health Education Center to develop and establish an Obstetrical 
Education Program. This program shall be developed as a pilot program in accor- 
dance with the Ambulatory Medical Education Program under development by the 
North Carolina Area Health Education Center and The University of North Carolina 
School of Medicine. The pilot shall include an Obstetrical/Gynecological Residency 
Program, the operation of a high risk maternity clinic, fellowships in Obstetrics for 
family practitioners, and training of nursing students and other residents. 

PART XXI DEPARTMENT OF AGRICULTURE 

Requested by: Representative Brewster Brown 
TIMBER SALES ACCOUNT 

Sec. 153. Funds from the Department of Agriculture timber sales capital im- 
provement account may be used by the Department of Agriculture to purchase, pursu- 
ant to G.S. 146-30, a tract of land adjacent to the Peanut Belt Research Station at 
Le wiston- Woodville . 

Requested by: Representative Watkins 

N.E. FARMERS MARKET FUNDING 

Sec. 154. Section 137(a) of Chapter 738 of the 1987 Session Laws reads as 
rewritten: 

"(a) Of the funds appropriated in Section 158(b) of Chapter 1014 of the 1985 Ses- 
sion Laws and placed in a nonreverting capital account for the establishment of the 
Northeastern North Carolina Farmers Market, twonty - fivo — thousand — dollars 



July 8, 1988 



1988] SENATE JOURNAL 287 

($25,000) shall bo available for th e operation of the North e ast e rn North Carolina 
Farmers Market during the 19 88-8 9 fiscal year provided that land has boon purchased 
fnr ihQ market the following allocations shall be made for the 1988-89 fiscal vear: 
iXl Two hundred thousand dollars r$200.000^ to complete the Pasquotank 

County Farmers Market: 
i2X Three hundred eiehtv-nine thousand two hundred fifteen dollars 

rS389.215^ to establish the Northeastern Marketing Center: 
OX One hundred twentv-five thousand dollars rS125.000) to complete con- 

struction of the restaurant a t the Raleigh Horse and Livestock Exhibi - 
tion Facility at the North Carolina State Fairgrounds: and 
XiX One hundred thousand dollars rSlGQ.GGO) to establish the Martin 

Cgynty F^rm?r§ M^rKgt." 

Requested by: Representatives Watkins and Bob Etheridge 
PSEUDORABIES FUNDS/RULES 

Sec. 155. Of the funds appropriated in Section 2 of this act to the Department 
of Agriculture for the 1988-89 fiscal year, eight hundred thirty-five thousand seven 
hundred eighty-five dollars ($835,785) is allocated to a reserve for the testing of all 
swine herds to determine the identity of herds infected with the pseudorabies virus. In 
promulgating rules to control the spread of pseudorabies, the Department of Agricul- 
ture shall not unreasonably restrict the growth of the swine industry. 

Requested by: Senator Plyler 

DROUGHT EMERGENCY RESERVE 

Sec. 155. 1. Of the funds appropriated in section 2 of this act to the Department 
of Agriculture for the 1988-89 fiscal year, one million dollars ($1,000,000) shall be 
allocated to a reserve, to be known as the Drought Emergency Reserve. The Depart- 
ment shall: 

(1) Develop criteria and establish priority factors for the disbursement of 
funds from this reserve; 

(2) Receive applications from those who seek drought relief funds; and 

(3) Recommend to the Council of State which applicants are most in need 
of emergency relief. 

The Council of State shall authorize the expenditure of funds from the Drought Emer- 
gency Reserve based upon the recommendations of the Department of Agriculture. 

PART XXII DEPARTMENT OF COMMERCE 

Requested by: Senator Plyler 

INTERNATIONAL DEVELOPMENT FUNDS 

Sec. 156. Of the funds appropriated in section 2 of this act to the Department of 
Commerce for the 1988-89 fiscal year, eighty-two thousand dollars ($82,000) shall 
be used as follows: 

(1) . Sixty thousand dollars ($60,000) for the North Carolina Department of 

Commerce Japan Office for leasing real property; and 

(2) Twenty-two thousand dollars ($22,000) for the North Carolina Depart- 
ment of Commerce Dusseldorf Office for the purchase of data process- 
ing equipment. 

Requested by: Senator Rand 

MICROENTERPRISE FUNDS 

Sec. 156.1. (a) Of the funds appropriated in Section 3 of this act to the De- 
partment of Commerce for the 1988-89 fiscal year, five hundred thousand dollars 
($500,000) shall be allocated to the Rural Economic Development Center, Inc., to 
establish a pilot program that will develop a Microenterprise Fund. 

(b) The Rural Economic Development Center, Inc. , shall submit an interim report 
to the 1989 General Assembly no later than February 15, 1989, and a final report no 
later than June 30, 1989. Each report shall include the following: 



July 8, 1988 



288 . SENATE JOURNAL [Second Session 

(1) The uses of any funds appropriated by this act; 

(2) Whether any of the funds appropriated by this act were matched, and if 
so, the source of the matching funds; and 

(3) The grants made from the Microenterprise Fund, including the recipient 
of the grant, the amount of the grant, the purpose of the grant, and the 
actual results of the grant. 

Requested by: Senator Pamell 

EMPLOYMENT SECURITY COMMISSION FUNDS 

Sec. 156.3. (a) Notwithstanding G.S. 96-5(c), there is appropriated from the 
Special Employment Security Administration Fund to the Employment Security Com- 
mission of North Carolina the sum of one million one hundred thousand dollars 
($1,100,000) for the 1988-89 fiscal year for the administration of the Veterans Em- 
ployment Program, Employment Services Program, and Unemployment Insurance 
Program. The Employment Security Commission shall report to the Joint Legislative 
Commission on Governmental Operations by the first of each month, prior to an ex- 
penditure of any funds appropriated by this section. Supplemental federal funds or 
other additional funds received by the Employment Security Commission for similar 
purposes shall be expended prior to the expenditure of funds appropriated by this sec- 
tion. The report required by this section shall be included in the report that is required 
by Section 145 of Chapter 738 of the 1987 Session Laws and shall contain the same 
information. 

(b) There is appropriated from the Worker Training Trust Fund to the Employ- 
ment Security Commission of North Carolina the sum of one million six hundred 
forty-two thousand six hundred eighty-five dollars ($1,642,685) for the 1988-89 fis- 
cal year for the operation of local offices at the 1986-87 level of service. 

PART XXIII DEPARTMENT OF NATURAL RESOURCES AND 

COMMUNITY DEVELOPMENT 

Requested by: Representatives Bruce Ethridge, Colton 

AUTHORIZATION FOR USE OF WATER QUALITY FEES 

Sec. 157. (a) There is appropriated from the water quahty fees collected and 
deposited in the nonreverting account established in G.S. 143-215. 3A, a sum not to 
exceed eight hundred nineteen thousand three hundred fifty dollars ($819,350) for the 
1988-89 fiscal year, to the Department of Natural Resources and Community Devel- 
opment to retain and provide all necessary support for a position, or to establish and 
provide all necessary support for a position in the water quality program, when suffi- 
cient fees for a position and all necessary support for the 1988-89 fiscal year have 
been deposited. No more than 23 positions may be funded and supported in this man- 
ner. These positions shall be those positions that were previously established from 
one-time State funds appropriated for the 1987-88 fiscal year, six aquatic toxicology 
positions that were previously established and are presently funded from federal re- 
ceipts, and up to seven newly-established positions in the water quality program of the 
Department of Natural Resources and Community Development. Water quality fees 
shall be the only source of funds for these positions and all necessary support, includ- 
ing fringe benefits. These positions shall be used to reduce the backlog of permit 
applications and to improve the rate of compliance of facilities with environmental 
standards for toxic substances. 

(b) The Department of Natural Resources and Community Development shall 
provide a quarterly report to the Joint Legislative Commission on Governmental Op- 
erations and the Fiscal Research Division beginning September 30, 1988. Each report 
shall state the amount and type of fees collected for the quarter, the number of permit 
applications processed for the quarter, the number of permit applications not proc- 
essed, and the progress made in reducing the backlog of permit applications. 



July 8, 1988 



1988] SENATE JOURNAL 289 

Requested by: Senator Barnes 

WAYNESBOROUGH PARK MATCHING REQUIREMENT 

Sec. 158. The funds allocated by Section 7 of Chapter 795 of the 1987 Session 
Laws for the construction of an amphitheater at Waynesborough Park shall be 
matched on the basis of two State dollars for every local dollar. 

Requested by: Representative Bruce Ethridge 

AUTHORIZATION FOR USE OF AIR QUALITY FEES 

Sec. 159. (a) There is appropriated from the air quality fees collected and 
deposited in the nonreverting account established in G.S. 143-215. 3A, a sum not to 
exceed one hundred fifty thousand dollars ($150,000) for the 1988-89 fiscal year, to 
the Department of Natural Resources and Community Development to establish and 
provide all necessary support for a position in the Department of Natural Resources 
and Community Development, when sufficient fees for a position and all necessary 
support for the 1988-89 fiscal year have been collected and deposited. No more than 
five positions may be established in this manner. Air quality fees shall be the only 
source of funds for these positions and all necessary support, including fringe benefits. 
These positions shall be used to conduct air quality permitting and air quality monitor- 
ing activities. 

(b) The Department of Natural Resources and Community Development shall 
provide quarterly reports to the Joint Legislative Commission on Governmental Opera- 
tions and the Fiscal Research Division beginning September 30, 1988. Each report 
shall state the amount and type of fees collected for the quarter, the number of permit 
applications processed for the quarter, the number of permit applications not proc- 
essed, and the progress made in reducing the backlog of permit applications. 

Requested by: Senator Basnight 

CIVIL WORKS PROJECTS 

Sec. 160. Of the funds appropriated in Section 4 of this act to the Department 
of Natural Resources and Community Development for the 1988-89 fiscal year, five 
hundred three thousand dollars ($503,000) shall be allocated for certain civil works 
projects and a study as follows: 

(1) Seventy-five thousand dollars ($75,000) for the Beaufort Harbor project; 

(2) Three hundred thousand dollars ($300,000) for the Wilmington Harbor pro- 



(3) Twenty-eight thousand dollars ($28,000) for the New River Inlet project; 



ject; 

and 

(4) One hundred thousand dollars ($100,000) for the study of the feasibility of 
deepening the Morehead City Harbor. 

Any funds allocated by this section that have not been expended or encumbered 
for these purposes at the end of the 1988-89 fiscal year shall revert to the General 
Fund. 

Requested by: Senator Walker 

ZOOLOGICAL PARK FUNDS 

Sec. 161. Of the funds appropriated in Section 4 of this act to the Department 
of Natural Resources and Community Development for the 1988-89 fiscal year, three 
million five hundred thousand dollars ($3,500,000) shall be used for the North Caro- 
lina Zoological Park, provided the North Carolina Zoological Park Society raises the 
sum of eight hundred seventy-five thousand dollars ($875,000) to match this alloca- 
tion on the basis of one dollar for every four State dollars. The Society shall inform 
the Department periodically of the amount of matching funds that it has raised. The 
funds allocated by this section may be used only to the extent that the required match- 
ing funds have been raised. The funds allocated by this section that have not been 
expended or encumbered at the end of the 1988-89 fiscal year may not revert, but 
shall remain available to the Department for the North Carolina Zoological Park. 



July 8, 1988 



290 SENATE JOURNAL [Second Session 

Requested by: Representative Watkins, Senator Royall 

LIMITATION ON USE OF WATER AND SEWER GRANT FUNDS 

Sec. 161.3. Funds allocated to local governments by the General Assembly 
from the funds appropriated for the 1988-89 fiscal year to the Office of State Budget 
and Management for Sewer and Water Grants shall be subject to the following limita- 
tions: 

(1) These funds shall be spent for a public purpose; 

(2) Any real or personal property purchased with the funds shall remain the 
property of the local government: provided, however, the local govern- 
ment may grant utility easements; and 

(3) These funds may not supplant local funds that have been or will be used 
for real or personal property purchased for or given to a private, for 
profit corporation. 

Requested by: Senator Basnight, Representative Bruce Ethridge 
BUXTON WOODS FUNDS 

Sec. 161.4. Of the funds allocated in Section 7 of Chapter 795 of the 1987 
Session Laws for State Parks, three hundred thousand dollars ($300,000) shall be 
used for the purchase of land at Buxton Woods in Dare County to protect the natural 
area. 

PART XXIV DEPARTMENT OF TRANSPORTATION 

Requested by: Representative Brannan 

REVOLVING FUND FOR AIRPORT HANGAR CONSTRUCTION 

Sec. 162. Funds in the State Aid to Airports Reserve Account, up to a maxi- 
mum of one million dollars ($1,000,000) may be transferred at the discretion of the 
Department of Transportation, to a reserve for a revolving fund to provide loans for 
activities eligible for State aid pursuant to G.S. 63-67 for the construction of aircraft 
hangars and related airport facilities. Eligibility criteria and rules governing the loans 
shall be developed and issued by the Department of Transportation, Division of Aero- 
nautics. Small airports shall be given preference in receiving loans pursuant to this 
act. 

Requested by: Senator Basnight v 
ESSENTIAL AIR SERVICE 

Sec. 164. G.S. 63-67 reads as rewritten: 
"§ 63-67. Activities eligible for State aid. — Loans and grants of State funds 
may be made for the planning, acquisition, construction, or improvement of any air- 
port, seaplane base, or heliport owned or controlled, or which will be owned or con- 
trolled by any city, county or public airport authority acting by itself or jointly with any 
other city or county. An airport, seaplane base, or heliport development project or 
activity eligible for State aid under this Article shall also be deemed to include projects 
such as air navigation facilities, aviation easements, and the acquisition of land, light- 
ing, marking, security items, terminal improvements, and the elimination of aviation 
safety hazards, an<^ th? Pr???rv^ti9n Ql ?nh^ncem?nt Qt e??ential ^ir ?ervi9? ^? (jenn?4 
bv the Federal Aviation Act of 1958. as amended." 

Requested by: Representatives Watkins and Bob Etheridge 
STATE AID TO AIRPORTS/P.B. RAIFORD 

Sec. 165. Of the funds appropriated for State Aid to Airports in G.S. 136-16.4 
for fiscal year 1988-89, the sum of twenty-five thousand dollars ($25,000) shall be 
allocated to Duplin County for drainage at the P.B. Raiford Airport. 

PART XXV MISCELLANEOUS PROVISIONS 
EXECUTIVE BUDGET ACT APPLIES 

Sec. 166. The provisions of the Executive Budget Act, Chapter 143, Article 1, 
of the General Statutes, are reenacted and shall remain in full force and effect and are 
incorporated in this act by reference. 



July 8, 1988 



1988] SENATE JOURNAL 291 

Sec. 167. The July 7, 1988 Conferee Report, which was distributed in the Sen- 
ate and the House of Representatives and used to explain this act, shall indicate action 
by the General Assembly on this act and shall therefore be used to construe this act, as 
provided in G.S. 143-15 of the Executive Budget Act, and for such purposes shall be 
considered a part of this act. 

MOST TEXT APPLIES ONLY TO 1988-89 

Sec. 168. Except for statutory changes or other provisions that clearly indicate 
an intention to have effects beyond the 1988-89 fiscal year, the textual provisions of 
this act apply only to funds appropriated for, and activities occurring during, the 
1988-89 fiscal year. 

1987-88 APPROPRIATIONS LIMITATIONS AND DIRECTIONS 

APPLY 

Sec. 169. Except where expressly repealed or amended by this act, the provi- 
sions of Chapters 738, 795, 830, 876, 886, and 1036 of the 1987 Session Laws as 
amended remain in effect. 

Sec. 170. Notwithstanding any modifications by this act in the amounts appro- 
priated, except where expressly repealed or amended, the limitations and directions 
for the 1987-89 fiscal biennium in Chapters 738, 795, 830, 876, 886, and 1036 of the 
1987 Session Laws that applied to appropriations to particular agencies or for particu- 
lar purposes apply to the newly enacted appropriations of this act for those same par- 
ticular purposes. 

Sec. 170.1. Subdivisions (1) and (2) of Section 15 of Chapter 1036 of the 1987 
Session Laws are repealed. 

EFFECT OF HEADINGS 

Sec. 171. The headings to the parts and sections of this act are a convenience to 
the reader and are for reference only. The headings do not expand, limit, or define 
the text of this act. 

SEVERABILITY CLAUSE 

Sec. 172. If any section or provision of this act is declared unconstitutional or 
invalid by the courts, it does not affect the validity of this act as a whole or any part 
other than the part so declared to be unconstitutional or invalid. 

EFFECTIVE DATE 

Sec. 173. Except as otherwise provided, this act shall become effective July 1, 
1988 

CONFEREE REPORT 

ON 

PROPOSED CONFERENCE COMMITTEE SUBSTITUTE 

FOR HOUSE BILL 2641 

- CAPITAL 

- NON-RECURRING 

JULY 7, 1988 

CONFEREE REPORT 
CAPITAL IMPROVEMENTS 

House Senate 

Recommendations Recommendations 

1988-89 1988-89 

Department of Administration 

1. Education Building - Supplement to 
add an additional floor to planned 
building $ 7,000,000 



July 8, 1988 



292 SENATE JOURNAL [Second Session 

', House Senate 

Recommendations Recommendations 

1988-89 1988-89 

Department of Agriculture 

1. Office and Conference Center, Tidewater 
Research Center - Construction support 

for designed facility - $3,830,000 

2. Western North Carolina Agriculture Center - 

Land Purchase 350,000 

Department of Human Resources 

1. Juvenile Evaluation Center - Air Conditioning 

two Lockup Facilities 100,000 - 

Department of Justice 

1. Justice Academy - Completion of new dorm 396,223 

Department of Natural Resources and 
Community Development 

1. Dredging of North Channel, Dare County 500,000 

2. New River State Park - Construct 

meeting shelter 60,000 - 

3. Lake James State Park - Development 250,000 

4. Zoo Development - 3,500,000 

5. State Parks Repairs and Renovations-$1.0M 
to be allocated from Reserve in Office of State 

Budget and Management - - 

Department of Cultural Resources 

1. Art Museum - Completion of Landscape project - 474,100 

2. Charlotte Hawkins Brown Historic Site - 

Renovations - 50,000 

Department of Community Colleges 

Sandhills T.C. Hoke Satellite $ 100,000 

Davidson CC - Emergency Water & Sewer 
Projects, $450,000 to be allocated from 
Sewer and Water Funds in Office of State 
Budget and Management - - 

Central Carolina - Harnett County Satellite 50,000 

Caldwell Community College - Watauga County 

Satellite - $100,000 to be allocated from 1988-89 
appropriations made to Caldwell CC 

Alamance CC - Completion of classroom 
building 

Asheville-Buncombe Tech. - Library planning 

Blue Ridge CC - Transylvania Satellite 

Haywood CC - Student Activities Building 
Completion 

Beaufort CC - Planning for Classroom Building 

Stanly-Anson TC - Union County Satellite 

Johnston CC - Renovate Library Building 



July 8, 1988 



443,500 


- 


150,000 . 


- 


75,000 


-. 


750,000 


- 


100,000 


- 


- 


$ 1,000,000 


100.000 


_ 



1988] SENATE JOURNAL 293 

House Senate 

Recommendations Recommendations 

1988-89 1988-89 

Mayland TC - Emergency Water Project - 
$170,000 to be allocated from Sewer and 
Water Funds in the Office of State Budget 
and Management 

Craven Community College - Student 

Athletic Center 750,000 

Tri County Community College - Complete 

classroom, office, shop addition $ 316,000 

Piedmont CC - Adult Learning Center/ planning 100,000 

Southwestern CC - Macon County Satellite - 

Regional Fire Training Center 350,000 

University of North Carolina 

School of the Arts - Renovations of Gray 

High School 5,989,000 

Planning Funds - Centennial Campus Site 

Development - $ 1,000,000 

Repairs/Renovations Reserve - 5,000,000 

Designated allocation by House: 
Western Carolina Boiler Repair - $191,500 

UNC-Chapel Hill - Complete design for 

School of Social Work 250,000 

UNC-Asheville - Kellog Center - 100,000 

UNC-Asheville - Complete design and site 

work for conference center 2,377,000 

UNC-Asheville - Complete design for physical 

education building 300,000 

Agricultural Extension Service - Repairs/ 

Renovations of Mitchell 4-H Camp (Onslow 

County) $272,500; and, $27,500 for land 

purchase and development of Swannanoa 

4-H Camp $ 300,000 

Land Purchases 

UNC - Greensboro 1,500,000 

Western-Carolina University 425,000 

Office of State Budget 

1. Repairs and Renovations Reserve 2,184,300 

Designated Allocations: 
State Parks - $1,000,000 
Vocational Textile School - $684,300 
Capitol Grounds - $500,000 



July 8, 1988 



294 



SENATE JOURNAL 



[Second Session 



2. 







House 


Senate 




Re 


commendations 


Recommendations 






1988-89 


1988-89 


Sewer and Water Loans and Grants 


- 


$10,000,000 


Grant Allocations: 








Town of Salemburg 


$100,000 


(H&S) : 




Burke County 


433.550 


(H&S) ... 




Montgomery County 


200,000 


(S) 




Lenoir County 


1,900,000 


(S) 




Davidson Comm. College 


450,000 


(S) 




Wake County-Little River 


100,000 


(H&S) 




Mayland TC 


170,000 


(S) 




Haywood County 


120,000 


(S) 




Durham County 


400,000 


(S) 




Harnett County 


150,000 


(H) 




Lower Cape Fear 


150,000 


(H) 





CONFEREE REPORT 
NON-RECURRING ITEMS 

Department of Public Education 

1. NC Close-Up Program - Funds to support 

the North Carolina Close-up Program $ 10,000 

2. Health Adventure - Grant for capital 
improvements for health studies program 
operated through the Mountain Area 

Health Education Center 15,000 



Department of Administration 

1. Superconducting Super Collider - Contractual 
services for continuing the state's efforts 

in pursuit as selection as host state for the 
facility 

2. Indian Affairs Commission - Indian Cultural 
Center, Roberson County - To provide 
additional support for continued development 
of the Center 

3. Low Level Radioactive Waste Management 
AuthorityReserve to meet needs for siting 

a facility 



$ 340,000 



50.000 



500.000 



General Assembly 

1. Birth-Related Neurological Impairment 
Compensation Act Study 



25,000 



Department of Cultural Resources 

1 . Living History Farm - To provide a grant 
for the initial development of the Hauser 
Farm "Home Creek Living History Farm" 



25,000 
State Aid 



Department of Human Resources 

1. Family Physicians and Obstetricians Re- 
imbursement -Funds to compensate family 
physicians andobstetricians who provide 
service in underserved counties 



$ 240,000 
State Aid 



July 8, 1988 



1988] 



SENATE JOURNAL 



295 



House 

Recommendations 

1988-89 

2. First Step Farm for Women - Funds for 
the planning and development of a program 
to serve women from Charlotte to the Ten- 
nessee Line, based upon the First Step Farm 
Program for men. Estimated cost will be 
$35 per clientper day compared to $90 

per client per day at the State Alcoholic 285,000 

Rehabilitation Centers State Aid 

3. Blue Ridge Mental Health Funds - Funds 

for renovation and addition ($667,000) and 692,000 

planning of a satellite facility ($25,000) State Aid 

4. Last Chance for Children Program - Funds 
for the construction of a residential treatment 
facility for the "Last Chance for Children" 
treatment program. To be combined with 

$175,000 appropriated in 1987 so that 75,000 

project can be bid. State Aid 

5. Obstetrical Education - Funds to Health 
Services for the use of the Mountain Area 
Health Education Center to develop a pilot 
program in obstetrical education; including 
an OB/GYN residency program, operation 
of a high risk maternity clinic, fellowships in 
obstetrics for family practitioners, and train- 480,000 
ing of nursing students and other residents. State Aid 

6. Environmental Health Funds - To assist local 
health departments in providing high quality 
environmental health programs 

7. Catastrophic Health Care - To provide support 
to implement the provisions of the Federal 
Catastrophic Health Coverage Act of 1988: 

(a) Administrative and start-up cost 

(b) Reserve for program cost 

8. AIDS - Funds to Division of Health Services - 
Grants to counties and district health departments 
for the education and counseling relating to the 
prevention and treatment of AIDS 

Department of Agriculture 

1 . Drought Emergency - Reserve to be distributed 

according to criteria determined by the Department. 
Recommendations are to be submitted to the 
Council of State for approval prior to distribution. 

Judicial Department 

1. Increase yearly travel allowance by $500 

per year for each superior court judge $ 36 , 500 

2. Establish the Buncombe County Mediation 

Center 15,000 

State Aid 



Senate 

Recommendations 

1988-89 



$ 300,000 



400,000 
(Reserve) 
4.500.000 



250,000 
State Aid 



1,000,000 
(Reserve) 



July 8, 1988 



296 . SENATE JOURNAL [Second Session 

House Senate 

Recommendations Recommendations 

1988-89 1988-89 

Department of Community Colleges 

1. State Board Reserve - Start-up funds for 

programs, studies, small business programs 
and new ideas $ 1,000,000 

2. WNCW - Public Radio - Isothermal 

Community College 79,912 

3. Hearing Impaired Program at Wilson Tech - 
To provide continuation support with state 

supportdue to federal grants no longer being 
available - $ 62,000 

Department of Commerce 

1. Rural Economic Development Center - - 500,000 
Microenterprise Fund State Aid 

2. Japan/European Offices - Provide rental 
expensesfor the Japan Office ($60,000) and 
data processing expenses ($22,000 for the 

European Office , — , 82,000 

Department of Natural Resources and 
Community Development 

1. Forestry - To provide radios to forest 

firefighters 500,000 : - 

2. Pollution Prevention Pays - 150,000 - 
To provide grants State Aid 

3. Artificial reefs - To provide support to 
establish and maintain an artificial reef 

in the waters off Carteret County 100,000 - 

4. Recreation Resource Service Contract - To 
provide support for a consulting service 

contract with North Carolina State University - 158,000 

University 

1. Western Carolina University - Funding for 
economic development efforts of the Center 

for the Improvement of Mountain Living 200,000 

2 . Western Carolina University - Centennial 
Celebration 50,000 

3. NSCU Sewage Study - Continuation support 
for study of alternative disposal systems 

for residential sewage in those parts of N.C. 

where soil absorption qualities are poor $ 50,000 i : - 

4. Lineberger Cancer Center's Breast Cancer 
Program - Support for the School of 

Medicine's program ^ ._ $ 368,750 

Office of State Budget and Management (All Items Are State Aid) 
1. Alzheimer Model Adult Day Care Program, 
Alamance County ($10,000) and, $10,000 
each for the Eastern and Western Chapters 
of the Alzheimer Disease Association to 
support hotlines 30,000 



July 8, 1988 



1988] SENATE JOURNAL 297 

House Senate 

Recommendations Recommendations 

1988-89 1988-89 

2. Folkmoot, USA - Grant-in- Aid to the N.C. 
International Folk Festival for operating 

expenses of Folkmoot - 18,750 

3. Wake County - For the preparation of the 
environmental assessment and preliminary 
engineering for the development of the Little 
River Reservoir. ($100,000 to be allocated 
from the Water and Sewer Funds in the Office 
of State Budget and Management.) 

4. Carolina Charter Corporation - Related 

Records in Scotland - 35,000 

5. Union County Farmers' Market - 50,000 

6. General William C. Lee Museum - Grant for 

capital and operating expenses of the museum 50,000 

7. Vance County Courthouse Renovations 100,000 

8 N.C. Amateur Sports - 1989 State Games - 

Grant for operations - 300,000 

9. Sampson County - To construct an Adult 
Developmental Activity Program and Child 
Development Center Building. Land for the 

building is required as match. $ 150,000 

10. N.C. Senior Citizens Federation - Funds to 

support general operations. 85,000 

11. Jones County - Funds to complete 

construction of the Agricultural Center 40,000 

12. Historic Rosedale (Charlotte) - for restoration - $ 100,000 

13. Hyde County Sheriff's Department - Grant 
for the construction of a communications 

tower for Ocracoke Island - 80,000 

14. Greenville Museum of Art, Inc. - Grant 

r for the construction of an exhibition wing 

on present facility. Grant is to be matched 
by $2 non-state funds for each $1 state 
support. Funds already raised may be 
used as match - 100,000 

15. Southeastern Center for Contemporary Art, 
Forsyth County - Grant for capital needs. 
Match of non-state funds of $2 is required 

for each $1 of state support - 500,000 

16. Science Museum of Charlotte, Inc., 
Mecklenburg County - To provide a grant 

for operating expenses of Discovery Place - 250,000 

17. Cherokee Historical Association, Swain 
County -To provide a grant to support the 
Association's historical preservation 

programs and projects - 30,000 

18. Eastern N.C. Chamber of Commerce, Inc. 

for the Eastern Tour - 50,000 



July 8, 1988 



298 . SENATE JOURNAL [Second Session 

• House Senate 

Recommendations Recommendations 

1988-89 1988-89 

19. Historic Hope Foundation, Inc. Support for 

operations of Historic Hope Plantation - 500,000 

20. Martin County - Grant for restoration of 

Martin County Courthouse -, 25,000 

21. Beaufort County - Grant for the joint 
Beaufort County/City of Washington 

recreation project - " 25,000 

22. Neuse River Development Authority, Inc. - 
Funds to promote the fishing industry in 
North Carolina, to expand aquaculture 
projects and to promote small commercial 

fishing ventures - 30,000 

23. North Carolina State University - Grant 

for planning the Centennial Campus ■ 

Center. Dollar for dollar match. $1,500,000 



JULY 7, 1988 

CAPITAL IMPROVEMENT ITEMS 
AGREED UPON JUNE 30, 1988 

/ Recommendations 

Department of Administration 

1. Underground Parking - North end 
of Bicentennial Mall (H 2427 - 

$2.5 million bond authorization) ' $ 

2. Infrastructure Needs for Blue Ridge 
Road Complex - Extension to new 
Toxic Metal and Organic 

Analytical Lab 300,000 

3. Low Level Radioactive Waste 

Management Site Development 2,000,000 

4. Revenue Building - Final drawings for 

construction of new six-floor facility 500.000 

SUBTOTAL-ADMINISTRATION $ 2,800,000 

Department of Agriculture 

1. Curbs, gutters, etc. for State 

Fairgrounds $1,013,100 

2. New Agronomic Lab- Planning 225,000 

3. Watercraft Museum - Cost Overrun 290,700 

4. Freezer Addition at Butner Warehouse 841.000 

SUBTOTAL-AGRICULTURE $ 2,369,800 

Department of Correction 

1. Wastewater Treatment Facility 

Upgrading, Caledonia $ 1,300,000 



July 8, 1988 



1988] 



SENATE JOURNAL 



299 



2. Complete chapel at Western Correctional 
Center 

3. Complete chapel at Harnett Youth Center 

SUBTOTAL-CORRECTION 

Department of Human Resources 

1. Black Mountain Center - Supplement 
for on-going renovations 

Department of Justice 

1. SBI Facility, Garner Road - Design 
completion, site development, and 
construction funds 

Department of Natural Resources and 
Community Development 

1. Civil Works Projects Reserve 

2. Stallings Air Field - Repairs to 

Aprons of Airfield ($312,000 from 
Highway Funds) 

3. Eno River State Park - Land Purchase 

SUBTOTAL-NATURAL RESOURCES 

AND COMMUNITY DEVELOPMENT 

Department of Community Colleges 

I. Construction Funds 

a. Rowan TC - Cabarrus County Satellite 

b. Wilkes CC - Skills Center 

c. Guilford Tech - Aviation/Transpor- 
tation Building 

d. Central Piedmont - Optical Disc 
Facility 

e. Edgecombe - Completion of library/ 
classroom building 

f. Wayne Community College - Classroom 
Building 

g. Vance-Granville - Repay Loan 
h. Isothermal CC - Land Purchase 

i. Vocational Textile School - Safety 

Energy and Handicap Code 

Requirements ($684,300). To be 

allocated from Repairs and 

Renovations Reserve in Office 

of State Budget. 
SUBTOTAL-COMMUNITY 
COLLEGES 

Department of Crime Control and Public Safety 

1. National Guard Military Center 
Addition planning, Raleigh 



Recommendations 
19§g-89 

65,000 
$ 1,458,000 



$ 852,000 

$ 8,230,700 
$ 503,000 

2^Q.0Q0 
$ 753,000 

500,000 
700,000 

1,700,000 

1,000,000 

330,000 

900,000 
350,000 
121,000 



$ 5,601,000 



$ 65,000 



July 8, 1988 



300 



SENATE JOURNAL 



[Second Session 



Department of Cultural Resources 

1. Tryon Palace - Renovate Disosway House 

University of North Carolina 

1. Construction Funds 

a. NCSU - Addition/Remodel Scott Hall 

b. UNC-Charlotte - Cost overrun on 
Applied Research Lab Facility 

c. Planning Funds - Centennial Campus 

d. Land Purchases - East Carolina 
University 

» e. UNC-Asheville - Arboretum capital 

improvements; design work and 
planning ($450,000) 
f. Repairs and Renovations 

SUBTOTAL-UNIVERSITY 

Office of State Budget 

1. Repairs/Renovation Reserve 

Designated Allocations: 

(1) State Capitol grounds 
improvements - 

(2) Vocational Textile 
School 

2. Construction of new dorms (600 beds) 
for Department of Correction 

SUBTOTAL - OSB 

GRAND TOTAL 



Recommendations 

19Sg-S9 

$ 100.000 



$ 8,863,500 



1,250,000 
710,000 

500.000 



2,050,000 

IQ.OQQ.OOO 

$ 23,373,500 



$500,000 

684,300 

^17.447.391 
$ 17,447,391 
$ 63,050.391 
$312,000 HF 



NON-RECURRING ITEMS 
AGREED UPON JUNE 30, 1988 



Office of the Lieutenant Governor 

1 . Continue support for the Commission on Jobs 
and Economic Growth until December 31, 1988 

Department of Public Education 

1. Uniform Education Reporting System - Funds to 
complete implementation of the Uniform Education 
Reporting System in all school units. Funds are 

to be expended by the State Board of Education to 
purchase financial management information services, 
equipment and software, and data communications 
capabilities that meet all standards of the Uniform 
Education Reporting System 

2. Latchkey Program - Provides incentive grants to 
local school systems to establish before and after 
school care programs for children in grades K-9 



Recommendations 



$ 40,793 
6,870,000 



4,200,000 
State Aid 



July 8, 1988 



1988] SENATE JOURNAL 301 

Recommendations 
1988-89 

3. State Advisory Council on Indian Education Funds to 20,000 
support a State Advisory Council on Indian 

Education to advise the State Board of Education 

4. Prevention/Student Assistance Program - Funds to 750,000 
local school systems to support student assistance 

programs that are now the responsibility of the 
Public Schools under SB 1356 

5. DARE Program - Materials and workbooks for students 247,000 
in local school systems who are enrolled in the 

DARE Program 

SUBTOTAL - PUBLIC EDUCATION 

Department of Administration 

1. Contractual services for developing a master plan 
for the Blue Ridge Road complex 

2. Transition Expenses - Council of State, Governor 
and Lieutenant Governor (Reserve) 

3. Inauguration Expense 

4. Rape Crisis Centers - Continue operations of local 
centers that previously received federal victims 
assistance funding. 

5. State Construction - Support for a traffic flow study 
of the State Government Complex 

6. State Construction Office - To provide eight 

additional engineers and operating support 

7. Per Diem for State Building Commission 

SUBTOTAL - ADMINISTRATION 

Department of Revenue 

1 . Reserve for establishing Computer Center as part of 
a Distributed System with the State Computer Center 
and to prepare a "disaster" recovery and operations 
plan for major, critical computer applications 

2. Postage due to rate increase 251.000 

SUBTOTAL - REVENUE $2,510,089 

Department of Human Resources 

1. Bingo Law License Transfer - Reserve for the purpose $ 25,000 
of transferring the responsibility for issuing Bingo 

Licenses from the Department of Revenue to the 
Department of Human Resources as required by 
Chapter 866 (HB 10) of the 1987 Session Laws 

2. Aging Program Funds - These funds will make . 2,000,000 GF 
additional activities available for older adults State Aid 
such as transportation, and senior center services 2,000,000 HF 

State Aid 

3. Group Homes for the Mentally Retarded - Start-up 1,495,000 
funds for 23 group homes for the Mentally Retarded State Aid 
approved by the U.S. Department of Housing and 

Urban Development (HUD) 1987 Section 202 
allocations. 



July 8, 1988 



$ 12,087,000 


$ 100,000 


110,000 


50,000 


368,000 


State Aid 


30,000 


401,839 


25.000 


$ 1.084,839 


$ 2,259,089 



302 



SENATE JOURNAL 



[Second Session 



4. ICF/MR Group Homes - Start-up costs for 5 
Intermediate Care Facilities for the Mentally 
Retarded (Gaston, 2; Cabarrus, 2 and Stanly, 1) 

5. State Match for Federal Funds - Provide funds to 
allow the State to draw down $111,175 of federal 
funds for in-home service programs for older adults. 
In-home service programs will allow older adults to 
remain in their communities, and avoid institutionalization 

6. AIDS Control Program - Funds to effectively 
manage the State's federally funded AIDS programs 
in the Division of Health Services 

7. ADAP Funds - Grant of $500 for each state allotted 
slot (5,241) to be used for building and/or equipment 

8. United Cerebral Palsy of N.C. - Funds to support 
programs for disabled children 

9. Children's Home Society of North Carolina - 
Grant-in- Aid for Society's Inter-agency 
Placement Program 

10. Caswell County Family Medical Center - Provide 
funds to be used to construct an extension to the 
Caswell County Family Medical Center to help 
meet the health care needs of the area 

11. Autism Society of N.C. to continue support 
for the summer camp program 

SUBTOTAL - HUMAN RESOURCES 

Department of Crime Control and Public Safety 

1. Provide funds for departmentwide computer training. 

Department of Correction 

1 . Life Safety Code equipment for prison field 
units under suit 

2. Operating Funds for New Units: 

(a) Craggy Correctional Center 

(b) Buncombe Correctional Center 
(d) Women's Correctional Center - 

Infirmary Equipment 

3. Bridge Forestry Program - Reduce support of 
$722,551 to $293,769 due to delayed 
operational date 

SUBTOTAL - CORRECTION 

Department of Agriculture 

1. N.C. Agricultural Finance Authority Grant- To 

provide operating support for the Authority 

2. Seed Testing Program Equipment. Replace 
seed germination testing equipment. 

3. N.C. Agricultural Produce Promotion. Provide 
funds for the promotion of N.C. Agricultural 
products through the "Goodness Grows in N.C. 

program 



Recommendations 

240,000 
State Aid 

6,540 



19,789 NA 


(receipts) 
(4) 


2,620,500 


State Aid 


230,000 
State Aid 


200,000 
State Aid 



145,000 
State Aid 

262,000 
State Aid 

$ 7,224,040 
$ 71,000 



(Reserve) 
(Reserve) 

(Reserve) 



$ 499,500 

1,107,023 
1,000,316 

220,000 



(42 ?. 7 82 ) 
$2,398,057 

$ 100,000 
30,000 

100.000 



July 8, 1988 



1988] 



SENATE JOURNAL 



303 



Mountain Research Station (Waynesville). Provide 
funds for a Sheep Demonstration Project. 

Reserve for Swine Testing. Provide funds in a 
reserve to test all swine herds to determine the 
identity of herds infected with the pseudorabies 
virus. Contracted services for blood drawings 
are included. 



SUBTOTAL - AGRICULTURE 

Department of Commerce 

1. N.C. Travel Council, promotion of national 
convention to be held in Charlotte 

2. N.C. Rural Water Association - Grant 



Recommendations 

1988-89 

106,010 



SUBTOTAL - COMMERCE 



(Reserve) 


835,785 




$ 1,171,795 




$ 80,000 
State Aid 




90,000 
State Aid 




$ 170,000 



Judicial Department 

1. Fund a chief district court judge in district court 
district 16A, and a district attorney and an 
administrative assistant in Prosecutorial District 16A 

2. Fund the Gaston County Custody Mediation Center 
for FY 1988-89 as a pilot program for one more year 

3. Appropriate funds for FY 1987-88 deficit in the 

Indigent Person's Attorney Fee Fund 
Appropriate additional funds in a reserve for 
FY 1988-89 Indigent Persons' Attorney 
Fee Fund 

SUBTOTAL -JUDICIAL 



(Reserve) 



Department of Justice 

1. Funds are provided to pay attorneys' fees awarded in 
compliance with the Consent Judgment of Gingles vs. 
Thornburg that was finalized on March 18, 1987 

2. Continue support for the SBI's participation in the 

Drug Awareness Resistance Education Program 

3. Provide grant-in-aid for law enforcement at the public 
access and camping areas during peak use time at 
Jordan Lake and Kerr Lake: 

Chatham County 
Vance County 

4. Increase operating funds for SBI to provide second 
year rental expense of the Capital District Office 



46,811 

53,500 
State Aid 



2,400,000 

3,663,000 
$ 6,163,311 

$ 133,800 
104.005 



25,000 
State Aid 

25,000 
State Aid 

47,116 



SUBTOTAL - JUSTICE 



334,921 



July 8, 1988 



304 



SENATE JOURNAL 



[Second Session 



Recommendations 
1988-89 



Department of Community Colleges 

1. Funds to address the nursing emergency in the 
State - To establish the Emergency Financial 
Assistance Fund for Nurses for Community 
College nursing students (H 2461) Chl049 ;' 

Department of Secretary of State 

1 . Printing and Distribution of the Directory of 
State Business Licenses and Permits 

Department of Natural Resources 
and Community Development 
1. Oyster Cultch Material - To increase develop- 
ment of oyster fishery 

University 

1. Aid to Private Colleges: Additional Legislative 
Tuition Grant funds needed due to the federal 
curtailment of tuition assistance for military personnel 

2. NCSU - Additional funds for the turfgrass 
research project 

3. ECU - Continued matching funds for establish- 
ment of N.C. Geographic Alliance Network 

4. NCSU - Funds to support implementation of the 
Research Triangle World Trade Center 

to help increase exports 

5. Funds to address the nursing emergency in the State 

(a) Funding to the State Education Assistance 
Authority to develop and distribute a 
comprehensive directory of financial aid 
programs available to nursing students 

(H 2461) Chl049 

(b) Emergency financial assistance funds for UNC 
nursing students (H 2461) Chl049 

SUBTOTAL - UNIVERSITY 

Department of Transportation 

1. State Aid to Airports (1987 legislation) 

2. Railroads - (1987 legislation) 



SUBTOTAL - TRANSPORTATION 



410,000 



20,000 



$ 150,000 



$ 149,219 
State Aid 



40,448 

50,000 

State Aid 
100,000 



$ 20,000 
140,000 
$ 499,667 



$ 500,000 
State Aid 

116,666 
State Aid 

$ 616,666 



Office of State Budget and Management (All items are State Aid) 
1 . Liberty Cart - Grant-in-Aid to Duplin 

Outdoor Drama Society, Inc. for operations 

of the outdoor drama $ 35,000 



Mission Air Ministries, Inc. - Grant-in-Aid 
for continuing air transportation in medical 
emergencies 



100,000 



July 8, 1988 



1988] 



SENATE JOURNAL 



305 



3. Cunningham Foundation - To provide funds 

to plan the Air Museum at Havelock 

4. Thalian Hall Center for Performing Arts, Inc. - 
Grant for renovation of Thalian Hall, a historic 
theater. State funds are to be matched on a 
basis of three non-state dollars for each state 
dollar. Funds must be matched within twelve 
months. If not, the state funds are to revert. 

5. Strike at the Wind - Grant to Robeson Historical 

Drama, Inc. to aid in production of drama 

6. Minority Business Development ($100,000 each 

for Southeastern N.C. Business and Professional 
League, Triad Area, and Fayetteville Minority 
Business League 

7. "At the Foot of the Cross Chapel, Inc. - Grant 
of new funds for construction of building exten- 
sion to be used as a Chapel at Johnston Prison 
Unit. Unexpended prior appropriations to the 
Department of Correction for construction of 
the Johnston Unit's Chapel are also to be 
transferred to this unit. No match is required. 

SUBTOTAL - OFFICE OF 
STATE BUDGET 

General Assembly 

1. Legislative Study Commission on Nursing (H 2461) 

Total General Fund 
Total Highway Fund 



Recommendations 
100,000 



1,000,000 
35,000 

300,000 



40.000 



$1,610,000 

$ 50,000 
Chl049 

$ 36,612,178 

$ 2,000,000 



On motion of Senator Plyler, the Conference Report is adopted (electronically re- 
corded) , and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 



CONFERENCE REPORT 
H.B. 2389 (Committee Substitute) 

Senator Winner for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives on H.B. 2389 (Committee Substi- 
tute) , a bill to provide for special tax treatment of Subchapter S Corporations submits 
the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on H.B. 2389 (Third Edition), A BILL TO BE 
ENTITLED AN ACT TO PROVIDE FOR SPECIAL TAX TREATMENT OF SUB- 
CHAPTER S CORPORATIONS, wish to report as follows: 



July 8, 1988 



306 ' SENATE JOURNAL [Second Session 

The House concurs in Senate Amendment No. 1 with the following change: 
delete the last two lines of Senate Amendment No. 1 and substitute the following: 
"and further on page 9, line 13, by rewriting the line to read: 'July 1, 1990.'"; 
The House concurs in Senate Amendment No. 2 with the following change: delete 

the phrase "December 31. 1988" in Senate Amendment No. 2 and substitute "June 

30. 1990" . 

And the Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 



This the 8th day of July, 1988. 



S/Dennis Winner S/Alex Hall 

S/William Goldston S/Ivan Mothershead 

S/R. C. Soles, Jr. S/Albert Lineberry 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Winner, the Conference Report is adopted (electronically re- 
corded), and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 669 (House Committee Substitute), a bill to clarify the State Tort Claims Act 
and related Statutes, to improve the administration of the act, for concurrence in the 
House Committee Substitute bill. 

On motion of Senator Rand, the rules are suspended, and the House Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Rand, the Senate concurs in the House Committee Substitute 
bill (electronically recorded) and the House Committee Substitute bill is ordered en- 
rolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 2652, a bill to amend the laws regarding various service purchases at full cost 
in the Teachers' and State Employees' Retirement System and in the Local Govern- 
mental Employees' Retirement System, after the completion of five years of creditable 
service, upon third reading. 

Senator Hipps is excused from voting for the stated reason: "previous part-time 
employment." 

The bill passes its third reading by roll-call vote, ayes 40, noes .0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Bryan, Cobb, Conder, Daniel, 
Ezzell, Goldston, Guy, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, 
McDuffie, Parnell, Rand, Rauch, Richardson, Royall, Sands, Seymour, Shaw, Sher- 
ron, Simpson, Soles, Speed, Staton, Swain, Taft, Tally, Thomas, Walker, Ward, 
Warren, and Winner — 40. 

Voting in the negative: None. 

The bill is ordered enrolled. 



July 8, 1988 



1988] 



SENATE JOURNAL 



307 



H.B. 2656 (Senate Committee Substitute No. 2), a bill providing for the Legisla- 
tive Research Commission to study the three North Carolina Aquariums and the issue 
of charging a fee for admission to those museums, with those fees being used to plan, 
construct, operate, and support live marine mammal pavilions and rehabilitation fa- 
cilities at those aquariums. 

The Senate Committee Substitute bill No. 2 passes its second (electronically re- 
corded) and third readings and is ordered, without objection, sent to the House of 
Representatives by special messenger for concurrence in the Senate Committee Substi- 
tute bill No. 2. 

The Chair declares the Senate in recess until 4:00 P.M. for the purpose of commit- 
tee meetings. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan III, Lieutenant Governor. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 



H.B. 2389 

(Committee Substitute) 

Mr. President: 



House of Representatives 
July 8, 1988 



It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on House CSB No. 2389, a bill to 
be entitled an act to provide for special tax treatment of Subchapter S Corporations to 
the end that when a similar action has been taken on the part of the Senate, we will 
order the bill enrolled. 

c. Respectfully, 

S /Grace Collins 
Principal Clerk. 



H.B. 2641 

(Senate Committee Substitute) 

Mr. President: 



House of Representatives 
July 8, 1988 



It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on Senate CS for House B. 2641, 
a bill to be entitled an act to appropriate funds for the 1988-89 fiscal year to the end 
that when a similar action has been taken on the part of the Senate, we will order the 
bill enrolled. 

Respectfully, 

S /Grace A. Collins 

Principal Clerk. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



July 8, 1988 



308 ' SENATE JOURNAL [Second Session 

H.B. 2641 (Committee Substitute), an act to appropriate funds for the 1988-89 
fiscal year. (Ch. 1086) 

S.B. 669 (Committee Substitute), an act to clarify the State Tort Claims Act and 
related Statutes, to improve the administration of the Act. (Ch. 1087) 

H.B. 2652, an act to amend the laws regarding various service purchases at full 
cost in the Teachers' and State Employees' Retirement System and in the Local Gov- 
ernmental Employees' Retirement System, after the completion of five years of credit- 
able service. (Ch. 1088) 

H.B. 2389 (Committee Substitute), an act to provide for special tax treatment of 
Subchapter S Corporations. (Ch. 1089) 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 1866 (Committee Substitute), a joint resolution authorizing the 1987 Gen- 
eral Assembly, 1988 Session, to consider a motion to remove from the table and con- 
sider Senate Bill 456, a bill to be entitled an act to amend the Constitution to secure 
to the Governor the power of veto, for concurrence in the House Committee Substitute 
Joint Resolution which changes the title, upon concurrence, to read S.J.R. 1866 
(House Committee Substitute), a joint resolution authorizing the Senate of the 1987 
General Assembly, 1988 Session, to consider a motion to remove from the table Sen- 
ate Bill 456, a bill to be entitled an act to amend the constitution to secure to the 
Governor the power of veto. 

Referred to Rules and Operations of the Senate Committee. 

H.B. 1237 

(Senate Committee Substitute) 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate Com Sub to House B. 1237, a bill be entitled 
an act to regulate investment advisers and requests conferees. The Speaker has ap- 
pointed Representatives Redwine, Lineberry, Hackney, Bob Ethridge, and Hunter on 
the part of the House to confer with a like committee appointed by the Senate to the 
end that the differences arising may be adjusted. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 



RECALL FROM THE HOUSE OF REPRESENTATIVES 

H.B. 2430 

Senator Rauch offers a motion to recall from the House of Representatives for fur- 
ther consideration by the Senate H.B. 2430, as amended to read upon concurrence, a 
bill to provide that sales and use taxes shall be imposed on certain mail order sales and 
to allow a three percent discount to merchants for collecting State sales and use taxes. 
The motion prevails, without objection. A message is ordered sent to the House of 
Representatives requesting the return of the bill for further consideration. 



July 8, 1988 



1988] SENATE JOURNAL 309 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 1559 (Committee Substitute), a bill to provide for the urgent needs of older 
adults, to begin building an in-home and community-based system of services for 
older adults, and to appropriate the necessary funds, for concurrence in House 
Amendments No. 1, No. 2, and No. 3. 

On motion of Senator Richardson, the rules are suspended, and the Committee Sub- 
stitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Richardson, the Senate concurs in House Amendments No. 
1, No. 2, and No. 3 (electronically recorded) and the Committee Substitute bill is 
ordered enrolled. 

H.B. 2524 (Committee Substitute), a bill to appropriate funds for minority eco- 
nomic development project grants and for the North Carolina Institute of Minority 
Economic Development. 

On motion of Senator Plyler, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

The Chair orders the Committee Substitute bill temporarily displaced. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Barnes for the Judiciary I Committee: 

H.B. 2489, a bill to establish the offense of impaired driving in commercial motor 
vehicles, to assess a fee for license revocation for the offense, and to increase the fee 
for a Class A or Class B license, as amended by the F'inance Committee, with a 
favorable report, as amended. 

On motion of Senator Barnes, the rules are suspended and the bill, as amended, is 
placed before the Senate for consideration and on his further motion Committee 
Amendments No. 3 and No. 4 are adopted. 

Senator Kaplan offers Amendment No. 5 which is adopted (electronically re- 
corded). 

The Chair orders the bill, as amended, temporarily displaced. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 2430 ■ House OF Representatives 

July 8, 1988 

Mr. President: 

Pursuant to your message recalling H.B. 2430 "A BILL TO BE ENTITLED AN 
ACT TO PROVIDE THAT SALES AND USE TAXES SHALL BE IMPOSED ON 
CERTAIN MAIL ORDER SALES", the House of Representatives is returning the bill 
for your further consideration. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 



July 8, 1988 



310 . SENATE JOURNAL [Second Session 

Senator Guy moves that the vote by which the bill, as amended to read, H.B. 2430, 
a bill to provide that sales and use taxes shall be imposed on certain mail order sales 
and to allow a three percent discount to merchants for collecting State sales and use 
taxes, passed its third reading be reconsidered, which motion prevails. 

Senator Guy offers a motion that the vote by which Amendment No. 1 was adopted 
be reconsidered, which motion prevails. 

Without objection, Senator Guy withdraws Amendment No. 1 which changes the 
title to read, H.B. 2430, a bill to provide that sales and use taxes shall be imposed on 
certain mail order sales. 

The bill passes its third reading by roll-call vote, ayes 38, noes 6, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, Cobb, 
Conder, Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin of Pitt, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Richardson, 
Shaw, Sherron, Simpson, Soles, Speed, Swain, Taft, Tally, Ward, Warren, and 
Winner~38. 

Voting in the negative: Senators Barker, Daniel, Ezzell, Sands, Seymour, and 
Staton— 6. 

The bill is ordered enrolled. 

CONFEREEES APPOINTED 

H.B. 1237 (Senate Committee Substitute), a bill to regulate investment advisers. 

Pursuant to the request of the House of Representatives, Senator Rauch moves that 
the President appoint conferees, which motion prevails. The President appoints Sena- 
tors Rauch, Rand, and Harris as conferees on the part of the Senate and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action. 

CALENDAR (Continued) 

H.B. 2524 (Committee Substitute), a bill to appropriate funds for minority eco- 
nomic development project grants and for the North Carolina Institute of Minority 
Economic Development, temporarily displaced earlier. 

The Chair relinquishes the gavel to the Honorable Marshall A. Rauch, Senator 
from Gaston County, who presides. 

After lengthy debate. Senator Rand calls the previous question, seconded by Senator 
Kaplan. The call is sustained. 

The Committee Substitute bill passes its second reading (electronically recorded). 

After further debate. Senator Rand calls the previous question, seconded by Senator 
Kaplan. The call is sustained. 

The Committee Substitute bill passes its third reading and is ordered enrolled. 

The Chair declares the Senate in recess for the purpose of committee meetings. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan III, Lieutenant Governor. 

CALENDAR (Continued) 

H.B. 2489, a bill to establish the offense of impaired driving in commercial motor 
vehicles, to assess a fee for license revocation for the offense, and to increase the fee 
for a Class A or Class B license, as amended, temporarily displaced earlier. 

Senator Barker offers Amendment No. 6 which is adopted (electronically recorded). 



July 8, 1988 



1988] SENATE JOURNAL 311 

Senator Block offers Amendment No. 7. 

The bill, as amended, with Amendment No. 7 pending, is ordered temporarily dis- 
placed. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 1668, an act to provide standards for the removal and return of juveniles from 
their homes and to appropriate funds to the Office of Guardian Ad Litem Services 
under the Administrative Office of the Courts for dependency cases. (Ch. 1090) 

S.B. 1620, an act to require actuarial notes for changes in health, disability, and 
related benefits for teachers and State employees. (Ch. 1091) 
\ 

H.B. 2462, an act to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the Uni- 
versity of North Carolina. (Ch. 1092) 

H.B. 2656 (Senate Committee Substitute No. 2), an act providing for the Legisla- 
tive Research Commission to study the three North Carolina Aquariums and the issue 
I of charging a fee for admission to those museums, with those fees being used to plan, 

construct, operate, and support live marine mammal pavilions and rehabilitation fa- 
cilities at those aquariums. (Ch. 1093) 

S.B. 1840 (Committee Substitute), an act to appropriate funds for certain govern- 
mental and non-governmental entities. (Ch. 1094) 

CALENDAR (Continued) 

H.B. 2489, a bill to establish the offense of impaired driving in commercial motor 
vehicles, to assess a fee for license revocation for the offense, and to increase the fee 
for a Class A or Class B license, as amended, with Amendment No. 7 pending, 
temporarily displaced earlier. 

Amendment No. 7 is adopted (electronically recorded). 

Senator Winner offers Amendment No. 8 which is adopted (electronically re- 
corded). 

Senator Barnes calls the previous question, seconded by Senator Kaplan. The call 
is sustained. 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger for concurrence in Senate Amendments No. 1, No. 3, No. 4, No. 5, No. 6, 
No. 7, and No. 8. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 53 (Committee Substitute), a bill to increase the retirement formula for mem- 
bers and beneficiaries of the Teachers' and State Employees' Retirement System and 
members and beneficiaries of the Local Governmental Employees' Retirement System. 

On motion of Senator Marvin, the rules are suspended and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration. 

Senator Marvin offers Amendment No. 1 which is adopted (electronically re- 
corded). 



July 8, 1988 



312 . - SENATE JOURNAL [Second Session 

The Committee Substitute bill, as amended, passes its second (electronically re- 
corded) and third readings and is ordered, without objection, sent to the House of 
Representatives by special messenger for concurrence in Senate Amendment No. 1. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Plyler for the Appropriations Committee: 

H.B. 245, a bill to require the State Board of Education, the State Board of Com- 
munity Colleges and the University Board of Governors to meet jointly at least once a 
year, with a favorable report. 

H.B. 2287, a bill to broaden coverage under the State Scholarship Program for 
children of war veterans and establish entitlement termination dates, with a favorable 
report. 

On motion of Senator Rand, the bill is re-referred to the Veterans Affairs and 
Senior Citizens Committee. 

H.B. 2397, a bill to reduce the minimum years of service required for membership 
in the Legislative Retirement System, with a favorable report. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 2528, a bill to appropriate funds to the Center for Community Self-Help for 
operations. 

On motion of Senator Rand, the rules are suspended (electronically recorded), and 
the bill is placed before the Senate for immediate consideration. 

Senator Parnell offers Amendment No. 1 which is adopted (electronically re- 
corded) . 

The bill, as amended, passes its second reading (electronically recorded). 

Senator Cobb objects to the third reading of the bill. 

Senator Kaplan offers a motion to suspend the rules and place the bill, as amended, 
before the Senate upon third reading, which motion prevails (electronically recorded). 

The bill, as amended, passes its third reading and is ordered, without objection, 
sent to the House of Representatives by special messenger for concurrence in Senate 
Amendment No. 1. 

On motion of Senator Harrington, seconded by Senator Ward, the Senate adjourns 
at 6:50 P.M. to meet Monday, July 11, at 4:00 P.M. 



ONE HUNDRED SIXTY-SECOND DAY 

Senate Chamber, 
Monday, July 11, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 



July 11, 1988 



1988] SENATE JOURNAL 313 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, as we come to the waning hours of this summer session and prepare to 
go our separate ways, we ask of Thee a double gift: a sense of satisfaction that our 
State has been served well in the things which we have done here; and grace to commit 
the balance to Thee, confident that Thou alone art able to guide the destinies of those 
who put their trust in Thee. Amen." 

Senator Harris for the Rules and Operation of the Senate Committee announces that 
the Journal of Friday, July 8, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Harrington, Johnson of Cabar- 
rus, Hipps, and Block for tonight. 

The Chair declares the Senate in recess until 5:00 P.M. for the purpose of Commit- 
tee meetings. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan III, Lieutenant Governor. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Plyler for the Appropriations Committee: 

H.B. 781 (Committee Substitute), a bill to establish a birth defects registry, with 
an unfavorable report as to House Committee Substitute bill, but favorable as to Sen- 
ate Committee Substitute bill. 

On motion of Senator Plyler, the rules are suspended and the Senate Committee 
Substitute bill which changes the title to read, H.B. 781 (Senate Committee Substi- 
tute), a bill to make further appropriations for the 1988-89 fiscal year, is placed be- 
fore the Senate for immediate consideration. 

On motion of Senator Plyler, the Senate Committee Substitute bill is adopted, and 
on his further motion remains before the Senate for further consideration. 

Senator Royall offers Amendment No. 1 which is adopted (electronically recorded). 

The Senate Committee Substitute bill, as amended, passes its second (electronically 
recorded) and third readings and is ordered, without objection, sent to the House of 
Representatives by special messenger, without engrossment, for concurrence in the 
Senate Committee Substitute bill. 



CONFERENCE REPORT 
H.B. 1237 (Senate Committee Substitute) 

Senator Rauch for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives on H.B. 1237 (Senate Committee 
Substitute), a bill to regulate investment advisers, submits the following Report: 



July 11, 1988 



314 ' SENATE JOURNAL [Second Session 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Bill 1237, A BILL TO BE ENTITLED 
AN ACT TO REGULATE INVESTMENT ADVISORS, wish to report as follows: 
The House of Representatives concurs in the Senate Committee Substitute (Eighth 
Edition) with the following amendments: 

on page 1, line 13, by deleting "(2)" and substituting "(1)"; 

on page 3, line 28, by deleting "(3)" and substituting "(2)"; 

on page 3, line 30, by deleting "(4)" and substituting "(3)"; 

on page 4, line 31, by rewriting the line to read "person, or"; 

on page 5, line 7, by deleting "; or" and substituting a period; and 

on page 23, lines 22-25, by rewriting the lines to read: 

"Sec. 2. Notwithstanding the provisions of G.S. 78C-26(c), the Secretary of State 
shall retain from the funds generated by the fees provided for in this act the sum of one 
hundred thirty-two thousand eight hundred thirty-two dollars ($132,832) for the 
1988-89 fiscal year to be used to implement the provisions of this act."; 

and on page 23, lines 31-32, by deleting "Section 2 of this act shall become effec- 
tive July 1, 1988." 

and the Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the nth day of July, 1988. 

S/Marshall Rauch S/David Redwine 

S/Ollie Harris S/ Albert S. Lineberry 

S/Anthony Rand S/Bob Etheridge 

S/Joe Hackney 
S/Robert C. Hunter 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Rauch, the Conference Report is adopted (electronically re- 
corded) , and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 1559 (Committee Substitute), an act to provide for the urgent needs of older 
adults, to begin building an in-home and community-based system of services for 
older adults, and to appropriate the necessary funds. (Ch. 1095) 

H.B. 2430, an act to provide that sales and use taxes shall be imposed on certain 
mail order sales. (Ch. 1096) 

H.B. 2524 (Committee Substitute), an act to appropriate funds for minority eco- 
nomic development project grants and for the North Carolina Institute of Minority 
Economic Development. (Ch. 1097) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following resolution filed for introduction is presented to the Senate, read the 
first time, and disposed of as follows: 



July 11, 1988 



1988] SENATE JOURNAL 315 

By Senator Harrington: 

S.J.R. 1869, a joint resolution providing for adjournment sine die of the General 
Assembly. 

Without objection, on motion of Senator Rand, the rules are suspended and the 
joint resolution is placed before the Senate for immediate consideration. 

Senator Rand offers Amendment No. 1 which is adopted (electronically recorded). 

The joint resolution, as amended, passes its second (electronically recorded) and 
third readings and is ordered, without objection, sent to the House of Representatives 
by special messenger, without engrossment. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 245, a bill to require the State Board of Education, the State Board of Com- 
munity Colleges and the University Board of Governors to meet jointly at least once a 
year. 

Senator Simpson rises to a point of order as to the eligibility for consideration of the 
bill under Res. 37. The Chair fails to sustain the point of order ruling the bill properly 
before the Senate. 

The bill passes its second reading (electronically recorded). 

Senator Rand objects to the third reading of the bill. 

The bill is ordered placed on the Calendar for tomorrow for further consideration 
upon third reading. 

H.B. 2397, a bill to reduce the minimum years of service required for membership 
in the Legislative Retirement System. 

On motion of Senator Hunt of Durham, the bill is recommitted to the Pensions 
and Retirement Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 1237 House OF Representatives 

(Senate Committee Substitute) July 11, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the conferees on Senate C.S. House B. No. 
1237, A BILL TO BE ENTITLED AN ACT TO REGULATE INVESTMENT AD- 
VISERS, to the end that when a similar action has been taken on the part of the 
Senate, we will order the bill enrolled. 

Respectfully, 
S/Grace a. Collins 
Principal Clerk 

S.B. 1676 (Committee Substitute), a bill to appropriate funds for the Administra- 
tive Rules Review Commission, to clarify the Commission's status as an independent 
agency, to extend the review of certain existing rules, to repeal certain occupational 
safety and health standards that differ from the federal standards, and to revise the 
procedural requirements for adoption of certain occupational safety and health stan- 
dards and the hearing process for appeals of certain occupational safety and health 



July 11, 1988 



316 ' SENATE JOURNAL [Second Session 

citations and penalties, for concurrence in the House Committee Substitute bill No. 2, 
which changes the title, upon concurrence, to read, S.B. 1676 (House Committee 
Substitute No. 2), a bill to clarify the Administrative Rules Review Commission's 
status as an independent agency, to extend the review of certain existing rules, to 
repeal certain occupational safety and health standards that differ from the federal 
standards, to revise the procedural requirements for adoption of certain occupational 
safety and health standards and the hearing process for appeals of certain occupa- 
tional safety and health citations and penalties, to continue the staffing of the Office 
of Administrative Hearings, to establish a Civil Rights Division in that Office and to 
make other amendments to Chapters 7A, 84 and 150B of the General Statutes. (See 
Addendum) 

Senator Barnes offers a motion to suspend the rules and to place the House Com- 
mittee Substitute bill No. 2 before the Senate for immediate consideration. 

Senator Cobb rises to a point of order as to whether the House Committee Substitute 
bill No. 2 can be considered pursuant to Res. 37. 

The Chair takes the point of order under advisement and orders the House Commit- 
tee Substitute bill No. 2 temporarily displaced. 

H.B. 2407 (Committee Substitute), a bill for capital improvements and satellite 
jail/ work release units. 

On motion of Senator Parnell, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration. 

Senator Royall offers Amendment No. 1 which is adopted (electronically recorded). 

The Committee Substitute bill, as amended, passes its second (electronically re- 
corded) and third readings and is ordered, without objection, sent to the House of 
Representatives, by special messenger, for concurrence in Senate Amendment No. 1. 

S.B. 109 (Committee Substitute), a bill to permit pensioners in the Firemen's and 
Rescue Squad Workers' Pension Fund to perform volunteer duties while receiving a 
pension, for concurrence in the House Amendment No. 1. 

On motion ol Senator Plyler, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Plyler, the Senate concurs in House Amendment No. 1 (elec- 
tronically recorded) and the Committee Substitute bill is ordered enrolled. 

S.B. 257, a bill to modify the procedures for reports by the University of North 
Carolina on vending facility operations, so as to delete a requirement for quarterly 
reports, and limit the applicability to institutional trust funds, for concurrence in the 
House Committee Substitute bill without engrossment of Amendments No. 1, No. 2, 
No. 3, No. 4, No. 5, No. 6, No. 7, and No. 8. 

On motion of Senator Plyler, the rules are suspended, and the House Committee 
Substitute bill which changes the title to read, S.B. 257 (House Committee Substi- 
tute) , a bill to create and continue various Committees and Commissions and to make 
changes in the budget operations of the State, is placed before the Senate for immedi- 
ate consideration. 

Without objection, on motion of Senator Plyler, members of the Fiscal Research 
staff are allowed to remain on the floor for the purpose of assisting with the explana- 
tion of the House Committee Substitute bill. 

Senator Cobb rises to a point of order as to whether the House Committee Substitute 
bill, containing local appropriations can be considered under Res. 37. 

The Chair fails to sustain the point of order and rules the House Committee Substi- 
tute bill properly before the Senate, under a suspension of the Rules. 

Senator Royall offers a second motion to suspend the rules to place the House Com- 
mittee Substitute bill before the Senate for immediate consideration, which motion 
prevails (electronically recorded). 

After lengthy debate, Senator Plyler calls the previous question, seconded by Sena- 
tor Kaplan. The call is sustained. 



July 11, 1988 



1988] SENATE JOURNAL 317 

On motion of Senator Plyler, the Senate concurs in the House Committee Substitute 
bill (electronically recorded) and the House Committee Substitute bill is ordered en- 
rolled. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES (Continued) 

S.B. 1676 (House Committee Substitute No. 2), a bill to clarify the Administrative 
Rules Review Commission's status as an independent agency, to extend the review of 
certain existing rules, to repeal certain occupational safety and health standards that 
differ from the federal standards, to revise the procedural requirements for adoption of 
certain occupational safety and health standards and the hearing process for appeals 
of certain occupational safety and health citations and penalties, to continue the staff- 
ing of the Office of Administrative Hearings, to establish a Civil Rights Division in 
that Office and to make other amendments to Chapters 7A, 84 and 150B of the Gen- 
eral Statutes, displaced earlier with point of order under advisement. 

The Chair rules that the House Committee Substitute bill No. 2 is in proper order for 
consideration by the Senate. 

Senator Barnes offers a motion to suspend the rules and place the House Committee 
Substitute bill No. 2 before the Senate for immediate consideration, which motion fails 
to prevail (electronically recorded), for lack of majority vote. 

Without objection, the House Committee Substitute bill No. 2 is ordered placed on 
the Calendar for tomorrow for concurrence. 

WITHDRAWAL FROM CALENDAR 

H.B. 245, a bill to require the State Board of Education, the State Board of Com- 
munity Colleges and the University Board of Governors to meet jointly at least once a 
year, upon third reading. 

Senator Rand withdraws his objection to the third reading of the bill and the bill is 
taken from the Calendar for tomorrow and, without objection, is placed before the 
Senate for further consideration upon third reading. 

The bill passes its third reading and is ordered enrolled. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 1237 (Senate Committee Substitute), an act to regulate investment advisers. 
(Ch. 1098) 

WITHDRAWAL FROM COMMITTEE 

S.J.R. 1866 (House Committee Substitute), a joint resolution authorizing the Sen- 
ate of the 1987 General Assembly, 1988 Session, to consider a motion to remove from 
the table Senate Bill 456, a bill to be entitled an act to amend the Constitution to 
secure to the Governor the power of veto. 

Senator Cobb offers a motion to suspend the rules and remove the House Committee 
Substitute joint resolution from the Rules and Operation of the Senate Com- 
mittee and place it for immediate consideration, which motion fails to prevail (elec- 
tronically recorded). 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 



July 11, 1988 



318 . SENATE JOURNAL [Second Session 

S. B. 1868, a bill to provide for the use of pen registers and trap and trace devices in 
conformity with federal law, for concurrence in the House Committee Substitute bill. 

On motion of Senator Rand, the rules are suspended, and the House Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Rand, the Senate concurs in the House Committee Substitute 
bill (electronically recorded) and the House Committee Substitute bill is ordered en- 
rolled. 

S.B. 847 (Committee Substitute), a bill to permit a member of the Teachers' and 
State Employees' Retirement System to purchase time lost due to an extended illness, 
by paying the full actuarial cost for concurrence in House Amendment No. 1. 

On motion of Senator Speed, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Speed, the Senate concurs in House Amendment No. 1 (elec- 
tronically recorded) and the Committee Substitute bill is ordered enrolled. 

PROTEST 

Senator McDuffie rises to submit a letter of protest and requests that it be forwarded 
to the Joint Legislative Ethics Committee. Without objection, the Chair directs the 
document, with attachments, forwarded to the Joint Legislative Ethics Committee. 
(See Addendum) 

The President acknowledges the following pages serving in the Senate this week: 
Mary Margaret Barker, Oriental; Peter G. Bine, Jr., Cary; Kendra Win Cover, 
Raleigh; Laurie Dardanell, Raleigh; Lee Dunn, Raleigh; Michelle Jones, Willow 
Springs; Meredith Pruitt, Raleigh; Paul Newton Stephenson, Cary; and Susan 
Michelle Thompson, Raleigh. 

On motion of Senator Harris, seconded by Senator Guy, the Senate adjourns at 9:20 
P.M. to meet tomorrow at 10:00 A.M. 



ONE HUNDRED SIXTY-THIRD DAY 

Senate Chamber, 
Tuesday, July 12, 1988. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"An Irish Blessing. May the road rise up to meet you, May the wind be always at 
your back. May the sun shine warm upon youx face, And the rain fall softly upon your 
fields. And, until we meet again, may God hold you in the palm of His Hand. 
Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday, July 11, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President grants leaves of absence for today to Senators Marvin, Hipps, Staton, 
and Hardison. 



July 12, 1988 



1988] SENATE JOURNAL 319 

CONFERENCE REPORT 

H.B. 288 

(Senate Committee Substitute) 

Senator Warren for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives on H.B. 288 (Senate Committee 
Substitute), a bill regarding modifying the penalty for failure to list a motor vehicle for 
property taxes and amending the North Carolina Motor Vehicle Salvage Title Law, 
submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on H.B. 288 (Senate Committee Substitute), A 
BILL TO BE ENTITLED AN ACT REGARDING MODIFYING THE PENALTY 
FOR FAILURE TO LIST A MOTOR VEHICLE FOR PROPERTY TAXES AND 
AMENDING THE NORTH CAROLINA MOTOR VEHICLE SALVAGE TITLE 
LAW, wish to report as follows: 

The House concurs in the Senate Committee Substitute with the following amend- 
ment: delete the entire Senate Committee Substitute from page 1, line 1 through page 
4, line 18 and substitute the attached proposed Conference committee substitute 
PCCS-2363. 

And the Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 12th day of July, 1988. 

S/Robert Warren S/David Bumgardner 

S/William Goldston S/Joe Mavretic 

S/Ralph S. Hunt S/Richard Wright 

S/James C. Johnson S/Robert Mcalister 

S/Robert S. Swain S/Joe Hackney 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

The text of the proposed Conference Committee Substitute is as follows: 



HOUSE BILL 288 

Senate Committee Substitute Adopted 6/16/88 
Proposed Conference Committee Substitute PCCS2363 

Short Title: Modify Salvage Title. (Public) 

March 23, 1987 

A BILL TO BE ENTITLED 
AN ACT AMENDING THE NORTH CAROLINA MOTOR VEHICLE 
SALVAGE TITLE LAW. 

The General Assembly of North Carolina enacts: 

Section 1. G.S. 20-4.01 (33) (d) is rewritten to read: 

"(d) Salvage Motor Vehicle.— Any motor vehicle damaged by collision or other oc- 
currence to the extent that the cost of repairs to the vehicle and rendering the vehicle 
safe for use on the public streets and highways would exceed seventy-five percent 



July 12, 1988 



320 . SENATE JOURNAL [Second Session 

(75%) of its fair retail market value. Repairs shall include the cost of parts and labor. 
Fair market retail values shall be as found in the NADA pricing Guide Book or other 
publications approved by the Commissioner." 

Sec. 2. G.S. 20-71.3 is amended by deleting the third sentence and substituting the 
following: 

"Any motor vehicle damaged by collision or other occurrence which is to be retitled 
in this State shall be subject to preliminary and final inspections by the Enforcement 
Section of the Division, and the Division shall refuse to issue a title to a vehicle which 
has not undergone a preliminary inspection. Any motor vehicle which has been 
branded in another state shall be branded with the nearest applicable brand specified 
in this section, except that no junk vehicle or vehicle that has been branded junk in 
another state shall be titled or registered. A motor vehicle damaged by collision or 
other occurrence may be repaired and an unbranded title issued if the cost of repairs, 
including parts and labor, does not exceed seventy-five percent (75%) of its fair mar- 
ket retail value." 

Sec. 3. G.S. 20-71.4 is rewritten to read: 

"§ 20-71.4. Failure to disclose damage to a vehicle shall be a misde- 
meanor. — (a) It shall be unlawful and constitute a misdemeanor for any person who 
knows or reasonably should know that a motor vehicle has been involved in collision 
or other occurrence to the extent that the cost of repairing that vehicle exceeds twenty- 
five percent (25%) of its fair market retail value to fail to disclose that fact to the 
transferee prior to transfer of the vehicle. 

(b) It shall be unlawful for any person to remove the title or supporting documents 
to any motor vehicle from the State of North Carolina with the intent to conceal dam- 
age (or damage which has been repaired) occurring as a result of a collision or other 
occurrence. Violation of this statute shall constitute a misdemeanor." 

Sec. 4. Sections 1 and 2 of this act are effective upon ratification and shall expire 
June 30, 1989, at which time those laws shall read as they did on January 1, 1988. 
Section 3 of this act shall become effective October 1, 1988, and applies to offenses 
committed on or after that date. 

On motion of Senator Warren, the Conference Report is adopted (electronically re- 
corded), changing the title to read H.B. 288, a bill amending the North Carolina 
Motor Vehicle Salvage Title Law and a message is ordered sent to the House of Repre- 
sentatives informing that Honorable Body of such action. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1676 (House Committee Substitute No. 2), a bill to clarify the Administrative 
Rules Review Commission's status as an independent agency, to extend the review of 
certain existing rules, to repeal certain occupational safety and health standards that 
differ from the federal standards, to revise the procedural requirements for adoption of 
certain occupational safety and health standards and the hearing process for appeals 
of certain occupational safety and health citations and penahies, to continue the staff- 
ing of the Office of Administrative Hearings, to establish a Civil. Rights Division in 
that Office and to make other amendments to Chapters 7A, 84 and 150B of the Gen- 
eral Statutes, upon concurrence in the House Committee Substitute bill No. 2. 

On motion of Senator Barnes, the Senate fails to concur in House Committee Sub- 
stitute bill No. 2 (electronically recorded). 

Senator Barnes moves that the President appoint conferees, which motion prevails. 
The President appoints Senators Barnes, Royall, and Warren as conferees on the part 
of the Senate and a message is ordered sent to the House of Representatives informing 
that Honorable Body of such action and requesting conferees. 



July 12, 1988 



1988] SENATE JOURNAL 321 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 288 House OF Representatives 

(Senate Committee Substitute) July 12, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on Senate Committee Substitute for 
H.B. 288, A BILL TO BE ENTITLED AN ACT AMENDING THE NORTH 
CAROLINA MOTOR VEHICLE SALVAGE TITLE LAW, to the end that when a 
similar action has been taken on the part of the Senate, we will order the bill enrolled. 

Respectfully, 
S/Grace a. Collins 
Principal Clerk 

The Chair declares the Senate in recess until 11:30 A.M. for the purpose of com- 
mittee meetings. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan, III Lieutenant Governor. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 2489 House OF Representatives 

July 12, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate Amendment No. 6, No. 7, and No. 8 to H.B. 
2489, a bill to be entitled an act to establish the offense of impaired driving in com- 
mercial motor vehicles, to assess a fee for license revocation for the offense, and to 
increase the fee for a Class A or Class B license, and requests conferees. The 
Speaker has appointed Representatives Hackney, Blue, Miller, Privette, and Cromer 
on the part of the House to confer with a like committee appointed by the Senate to the 
end that the differences arising may be adjusted. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

Senator Barnes moves that the President appoint conferees, which motion prevails. 
The President appoints Senators Barnes, Rauch, Sands, Bryan, and Hunt of Moore as 
conferees on the part of the Senate and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 

The Chair declares the Senate in recess until 12:30 P.M. for the purpose of com- 
mittee meetings. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan III, Lieutenant Governor. 



July 12, 1988 



322 SENATE JOURNAL [Second Session 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 1676 House OF Representatives 

(House Committee Substitute No. 2) July 12, 1988 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Committee Substitute No. 2 to S.B. 1676, a bill to be entitled an act to clarify the 
Administrative Rules Review Commission's status as an independent agency, to ex- 
tend the review of certain existing rules, to repeal certain occupational safety and 
health standards that differ from the federal standards, to revise the procedural re- 
quirements for adoption of certain occupational safety and health standards and the 
hearing process for appeals of certain occupational safety and health citations and 
penalties, to continue the staffing of the Office of Administrative Hearings, to estab- 
lish a Civil Rights Division in that Office and to make other amendments to Chapters 
7A, 84 and 150B of the General Statutes, the Speaker has appointed as conferees on 
the part of the House, Representatives Nesbitt, Watkins, and Michaux to act with a 
like committee on the part of the Senate to the end that the differences existing be- 
tween the two bodies may be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

S.B. 1585 (House Committee Substitute), a bill to increase the death benefit under 
the Teachers' and State Employees' Retirement System and increase the threshold 
amounts in the bid statutes for purchases, and to authorize waiver of certain bid 
bonds, for concurrence in the House Committee Substitute bill, which changes the title 
to read S.B. 1585, a bill to be entitled an act to increase the death benefit under the 
Teachers' and State Employees' Retirement System and increase the threshold 
amounts in the bid statutes for purchases, and to authorize waiver of certain bid 
bonds. 

On motion of Senator Rand, the rules are suspended, and the House Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Rand, the Senate concurs in the House Committee Substitute 
bill (electronically recorded) and the House Committee Substitute bill is ordered en- 
rolled. 

WITHDRAWAL FROM COMMITTEE 

H.B. 2357, a bill to reduce the minimum years of service required for membership 
in the Legislative Retirement System. 

Without objection, on motion of Senator Hunt of Durham the rules are suspended 
and the bill is taken from the Pensions and Retirement Committee and is placed 
before the Senate, for immediate consideration. 

Senator Royall offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger for concurrence in Senate Amendment No. 1. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



July 12, 1988 



1988] SENATE JOURNAL 323 

S.B. 109, an act to permit pensioners in the Firemen's and Rescue Squad Workers' 
Pension Fund to perform volunteer duties while receiving a pension. (Ch. 1099) 

S.B. 257 (House Committee Substitute), an act to create and continue various 
Committees and Commissions and to make changes in the budget operations of the 
State. (Ch. 1100) 

H.B. 781 (Senate Committee Substitute), an act to make further appropriations for 
the 1988-89 fiscal year. (Ch. 1101) 

H.B. 245, an act to require the State Board of Education, the State Board of Com- 
munity Colleges and the University Board of Governors to meet jointly at least once a 
year. (Ch. 1102) 

S.B. 847 (Committee Substitute), an act to permit a member of the Teachers' and 
State Employees' Retirement System to purchase time lost due to an extended illness, 
by paying the full actuarial cost. (Ch. 1103) 

S.B. 1868, an act to provide for the use of pen registers and trap and trace devices 
in conformity with federal law, (Ch. 1104) 



INTENTION TO RECALL FROM COMMITTEE 

H.B. 2364, a bill to amend the Charter of the Town of Wrightsville Beach to pro- 
vide for the adoption of ordinances by initiative and referendum. 

Senator Block rises and announces his intention, pursuant to Rule 47, to offer a 
motion on Wednesday, July 13, to suspend the rules and recall the bill from the Local 
Government and Regional Affairs I Committee for immediate consideration 
by the Senate. 

Senator Ezzell rises to a point of order as to the restriction of Rule 47 to authors of 
Senate bills. The Chair sustains the point of order and rules that Senate Rule 47 is 
applicable only to Senate bills and a motion to recall a House bill is out of order. 

The Chair declares the Senate in recess until 3:15 P.M. for the purpose of commit- 
tee meetings. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert 
B. Jordan III, Lieutenant Governor. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 288 (Senate Committee Substitute), an act amending the North Carolina Mo- 
tor Vehicle Salvage Title Law. (Ch. 1105) 

H.B. 2407 (Committee Substitute), an act for capital improvements and satellite 
jail/work release units. (Ch. 1106) 

H.B. 2528, an act to appropriate funds to the Center for Community Self-Help for 
operations. (Ch. 1107) 



July 12, 1988 



324 - SENATE JOURNAL [Second Session 

S.B. 1585, an act to increase the death benefit under the Teachers' and State Em- 
ployees' Retirement System and increase the threshold amounts in the bid statutes for 
purchases, and to authorize waiver of certain bid bonds. (Ch. 1108) 

H.B. 2397, an act to reduce the minimum years of service required for membership 
in the Legislative Retirement System. (Ch. 1109) 



CONFERENCE REPORT 
H.B. 2489 

Senator Barnes for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives on H.B. 2489, a bill to establish 
the offense of impaired driving in commercial motor vehicles, to assess a fee for li- 
cense revocation for the offense, and to increase the fee for a Class A or Class B 
license, submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on H.B. 2489, (2nd Edition), A BILL TO BE 
ENTITLED AN ACT TO ESTABLISH THE OFFENSE OF IMPAIRED DRIVING 
IN COMMERCIAL MOTOR VEHICLES, TO ASSESS A FEE FOR LICENSE 
REVOCATION FOR THE OFFENSE, AND TO INCREASE THE FEE FOR A 
CLASS A OR CLASS B LICENSE, wish to report as follows: 

The House concurs in Senate Amendments No. 1, No. 3, No. 4, and No, 5, and 
the Senate and House agree to the following amendments: 

and on page 2, line 14, by rewriting that line to read: 

"138,2, except that convictions of impaired driving under G.S. 20-138.1 and G.S. 
20-138,2 arising out of the same transaction shall be considered a single conviction of 
an offense involving impaired driving for any purpose under this Chapter."; 

on page 4, line 33, by inserting a new sentence between the period and quotation 
marks to read: 

"Under this section only, a final conviction of any driver for violating G.S. 20-138.1 
shall not be grounds for revoking the license of such driver."; 

and on page 2 of Senate Amendment No, 4 by deleting in subdivision (4) the words 
"resulting solely from alcohol"; 

and on page 6, line 4, by deleting the quotation marks at the end of the line; 

and on page 6, line 4, by deleting the quotation marks at the end of the line; 

and on page 6, line 4-5, by inserting a new subsection (g) to read: " (g) The 
provisions of G.S. 20-139,1 shall apply to the offense of impaired driving in a com- 
mercial vehicle, '"; 

and on page 6, lines 19 and 28, by deleting the word "January" and substituting the 
word "June"; 

and on page 6, line 19, by inserting before the word "Provided" the following new 
sentence to read: 

"This act shall expire June 30, 1989," 

The Senate recedes from the Senate Amendments No. 6, No, 7, and No, 8. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 



July 12, 1988 



1988] SENATE JOURNAL 325 

This the 12th day of July, 1988. 

S/Henson P. Barnes S/Joe Hackney 

S/Howard F. Bryan S/Daniel T. Blue. Jr. 

S/ Wanda H. Hunt S/Charles L. Cromer 

S/Marshall A. Rauch S/George W. Miller, Jr. 

S/Alexander P. Sands, lii S/Coy C. Privette 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

Senator Cobb rises to a point of order as to the expansion of the provisions of 
Amendment No. 8 by the conferees. 

The Chair rules the Conference Report is in order. 

On motion of Senator Barnes, the Conference Report is adopted (electronically re- 
corded) , and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

CONFERENCE REPORT 

S.B. 1676 

(House Committee Substitute No. 2) 

Senator Barnes for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives on S.B. 1676 (House Committee 
Substitute No. 2), a bill to clarify the Administrative Rules Review Commission's 
status as an independent agency, to extend the review of certain existing rules, to 
repeal certain occupational safety and health standards that differ from the federal 
standards, to revise the procedural requirements for adoption of certain occupational 
safety and health standards and the hearing process for appeals of certain occupa- 
tional safety and health citations and penalties, to continue the staffing of the Office 
of Administrative Hearings, to establish a Civil Rights Division in that Office and to 
make other amendments to Chapters 7A, 84 and 150B of the General Statutes, sub- 
mits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on S.B. 1676 House Committee Substitute # 2 
(PCCS 5238), A BILL TO BE ENTITLED AN ACT TO CLARIFY THE ADMINIS- 
TRATIVE RULES REVIEW COMMISSION'S STATUS AS AN INDEPENDENT 
AGENCY, TO EXTEND THE REVIEW OF CERTAIN EXISTING RULES, TO RE- 
PEAL CERTAIN OCCUPATIONAL SAFETY AND HEALTH STANDARDS 
THAT DIFFER FROM THE FEDERAL STANDARDS, TO REVISE THE PROCE- 
DURAL REQUIREMENTS FOR ADOPTION OF CERTAIN OCCUPATIONAL 
SAFETY AND HEALTH STANDARDS AND THE HEARING PROCESS FOR AP- 
PEALS OF CERTAIN OCCUPATIONAL SAFETY AND HEALTH CITATIONS 
AND PENALTIES, TO CONTINUE THE STAFFING OF THE OFFICE OF AD- 
MINISTRATIVE HEARINGS, TO ESTABLISH A CIVIL RIGHTS DIVISION IN 
THAT OFFICE AND TO MAKE OTHER AMENDMENTS TO CHAPTERS 7A, 84 
AND 150B OF THE GENERAL STATUTES, wish to report as follows: 

The Senate concurs in the House Committee Substitute No. 2 (PCS 5238) with the 
following amendment, on page 8 lines 28 through 33 by deleting those lines in their 
entirety. 

And the House concurs in the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 



July 12, 1988 



326 SENATE JOURNAL [Second Session 

This the 12th day of July, 1988. 

S/Henson P. Barnes S/Martin Nesbitt 

S/Kenneth Royall, Jr. S/William T. Watkins 

S/Robert D. Warren S/H. M. Michaux 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Barnes, the Conference Report is adopted (electronically re- 
corded) , and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. . 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 1676 HOUSE OF Representatives 

(House Committee Substitute No. 2) July 12, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on HCS No. 2 for S.B. 1676, a bill 
to be entitled an act to clarify the Administrative Rules Review Commission's status as 
an independent agency, to extend the review of certain existing rules, to repeal certain 
occupational safety and health standards that differ from the federal standards, to 
revise the procedural requirements for adoption of certain occupational safety and 
health standards and the hearing process for appeals of certain occupational safety 
and health citations and penalties, to continue the staffing of the Office of Adminis- 
trative Hearings, to establish a Civil Rights Division in that Office and to make other 
amendments to Chapters 7A, 84 and 150B of the General Statutes to the end that 
when a similar action has been taken on the part of the Senate, you may order the bill 
enrolled. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

The Chair orders the House Committee Substitute bill No. 2 enrolled. 

H.B. 2489 House OF Representatives 

July 12, 1988 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on H.B. 2489, a bill to be entitled 
an act to establish the offense of impaired driving in commercial motor vehicles, to 
assess a fee for hcense revocation for the offense, and to increase the fee for a Class 
A or Class B license, to the end that when a similar action has been taken on the part 
of the Senate, we will order the bill enrolled. 

Respectfully, 
S/Grace a. Collins 
Principal Clerk 

S.B. 601 (Committee Substitute), a bill to increase the retirement formula for 
members and beneficiaries of the Teachers' and State Employees' Retirement System 



July 12, 1988 



1988] SENATE JOURNAL 327 

and members and beneficiaries of the Local Governmental Employees' Retirement 
System, for concurrence in House Amendment No. 1. 

Without objection, on motion of Senator Plyler, the rules are suspended, and the 
Committee Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Plyler, the Senate concurs in House Amendment No. 1 (elec- 
tronically recorded) and the Committee Substitute bill is ordered enrolled. 

S.J.R. 1869, a joint resolution providing for adjournment sine die of the General 
Assembly, for concurrence in House Amendment No. 1. 

On motion of Senator Harrington, the rules are suspended, and the joint resolution 
is placed before the Senate for immediate consideration. 

On motion of Senator Harrington, the Senate concurs in House Amendment No. 1 
(electronically recorded) and the joint resolution is ordered enrolled. 

REMARKS OF LIEUTENANT GOVERNOR, ROBERT B. JORDAN III 

On motion of Senator Rand, the rules are suspended to allow the Lieutenant Gover- 
nor to address the Senate. 

On motion of Senator Swain, the remarks of the Lieutenant Governor are spread 
upon the Journal, as follows: 

"Let me just take a few moments here if I could. I want to first say that I think you 
recognize, and I've told the school children all across North Carolina this for, particu- 
larly, over the last year as we've been talking about the Bicentennial, and we talk 
about—, I tell them they're not only fortunate to be Americans, but they're fortunate 
to be North Carolinians because they live in the greatest State in America. And that's 
true. I have the best job probably in America, so the Governor sometimes, I'm sure, 
would agree with that. This job is what it is because of what you make it and what you 
allow to happen. 

"On Saturday morning I was speaking for the Home Builders of North Carolina. 
They were down at Hilton Head. They should have been in North Carolina, but they 
were down there, so Senator Rand and Jim Gardner and the Governor were down there 
that night. So we went down to speak to them, and I told them the same thing— that 
we are a part of the greatest State in the greatest Nation on earth. In fact, David 
Brinkley was down in Winston-Salem a few weeks ago, and he started his speech off 
by saying that it's good to be back in the greatest State in America. Of course he's 
from Wilmington originally, but he's been around in other places of the world, so he 
has a full appreciation for it. 

"This job as Lieutenant Governor is unique. The other day I ran into Doug Wilder 
up in Virginia, the Lieutenant Governor of Virginia, and we were talking about me 
running for Governor. We also got to talking about the Lieutenant Governor's role in 
North Carolina, and he said, 'Why in the world do you want to be Governor?' That's 
the kind of esteem and recognition other people have for the position I hold today. I 
am the Lieutenant Governor of the greatest State in America, and I'm proud of that. 

"I am proud of this Senate. I'm not only proud of what it is, but I'm proud of what 
you make it. And as Frank Block said a minute ago, you're people that represent the 
very best in North Carolina. The people of North Carolina send you here, and you are 
the people that are closest to those citizens of the State. Yes, they have a Governor; 
yes, they have a Lieutenant Governor, but you are the ones that have to decide what's 
going to be law, and you have to debate those things. 

"Senator Shaw, that might not be a good bill we just passed, but it's better than no 
bill. And it's a beginning. Those things have to start that way. This Body does not 
always agree. In fact, I guess we probably disagree more than we agree. And the 
laws that you pass are not always perfect, but that gives you the opportunity to see 
them tested, and you get a chance to come back and correct them, as Senator Barnes 
says. This D.W.I, bill that went through a few minutes ago is just really an addition 



July 12, 1988 



328 ■ SENATE JOURNAL [Second Session 

to something that this Legislative Body worked very hard on. Senator Barnes and 
others took the lead in seeing that we have the D.W.I, laws that we have today. That 
D.W.I law is causing our prisons to be partly overcrowded, and you're going to have 
to deal with that issue, but that's the way it works. 

"You are the deliberative body. You've become almost like a fraternity or sorority 
in that the things you do here you may fuss about on the floor, but usually when you 
walk out the door, you're still friends. 

"As I reflect back over my twelve years, I don't know of anything that I've ever 
done in life that has been more rewarding or more fulfilling. Yet, along with you, on 
the last day of the session, I wonder at times why am I here, or wouldn't it be better to 
be somewhere else, or why do we have to withstand all those pressures. Senator 
Block, Senator Daniel, and the others that are freshmen here this year, I well remem- 
ber that my office was over on the front side of the building, and after I had been here 
for the first time, in the Senate for about three months, I had voted on the death 
penalty. I had voted on abortion. I had voted on making the Commissioner of Insur- 
ance's Office less powerful and setting up a separate commission, and I had fully, I 
guess, made every person who sent me to Raleigh mad on one of those three bills, and 
I began to wonder what's this all about and what am I doing here, and I know you 
experience that. But that's what you're here for. Those are the tough choices, and 
you're the ones that make the decisions, and the people, I think, respect that. You're 
a deliberative body, and you do your work well. I thank you for the courtesy that you 
have afforded me and the opportunities you've given me. 

"I want to congratulate you on what you've done particularly in the last two years, 
but I guess in the last four years. You've made a larger commitment to education than 
has ever been made in the history of this State. And we go back to Terry Sanford's 
days. Senator Sanford doesn't like to hear me say that, but that's the truth, and you 
need to recognize that. You have spent over one billion dollars in new State dollars. 
When you consider next year, on the basic education plan, the cumulative amount 
that you spent, you're going to spend another one and one-half billion dollars, which 
will make it two and one-half billion dollars, by the end of the eight years when the 
basic education plan is completed— the cumulative amount. That's a major program, 
and you've stayed the course. You kept your commitment. You faced the tough is- 
sues. The children of North Carolina are better. They're going to have a better life, 
not. only because of the things that you've done for education but the things that 
you've done for day-care, and the things you've done in human resources to help take 
care of those children that were born from teenage parents and those children who live 
with parents who cannot support them in a way they should. 

"The senior citizens of this State continue to be recognized and represented by you, 
and they'll be better, and that's going to be a major challenge in the future — how 
we're going to deal with those increased numbers of people that are sixty-five years of 
age and older. You're going to find that the average family is a four-generational 
family in the near future; in fact, many are that way now, even five generations alive 
in the same families. Those are going to be your challenges, but you're working at 
those things, and you have done well, and you represent the people of this State well. 

"I want to thank the Principal Clerk and her staff, the Reading Clerk, and all those 
people who are involved in Fiscal Research and those who staff the committees, the 
secretaries, and the pages who come through here. Hopefully they learn the things 
that they should learn. I want to thank everyone who has anything to do with this 
process because it is where the action is. If you don't think that's so, talk to those 
people who work in Washington who come back to Raleigh and are involved in the day 
by day routine and the things that happen right here in the Senate in this Legislature. 
Talk to the Martin Lancasters, the Cass Ballengers who go from here to Washington 
and who'll tell you that they made a lot more difference in people's lives by being right 
here, right where you are. The pressures are great. The responsibilities are 



July 12, 1988 



1988] SENATE JOURNAL 329 

continually being shifted to you, and that's the way it is. Your responsibilities you 
have met, but they will increase in the future. 

"I salute you for who you are. I congratulate you for what you are, and I thank you 
for giving me the opportunity to lead you and for allowing me to have that power that 
this Office does have. It is the second most powerful Lieutenant Governor's office in 
the Nation. The only difference is Texas, where Texas' Lieutenant Governor presents 
the budget. It's there, but it is a tenuous power, and you get it, and you leave it there 
because of those people who hold it and those people who respect it. And I under- 
stand that's the way it will be in the future. But I do thank you, and I congratulate 
you. I look forward to seeing your good work in the future in North Carolina. Thank 
you very much." . 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 601 (Committee Substitute), an act to increase the retirement formula for 
members and beneficiaries of the Teachers' and State Employees' Retirement System 
and members and beneficiaries of the Local Governmental Employees' Retirement 
System. (Ch. 1110) 

S.B. 1676 (House Committee Substitute No. 2), an act to clarify the Administra- 
tive Rules Review Commission's status as an independent agency, to extend the review 
of certain existing rules, to repeal certain occupational safety and health standards 
that differ from the federal standards, to revise the procedural requirements for adop- 
tion of certain occupational safety and health standards and the hearing process for 
appeals of certain occupational safety and health citations and penalties, to continue 
the staffing of the Office of Administrative Hearings, to establish a Civil Rights Divi- 
sion in that Office and to make other amendments to Chapters 7A, 84 and 150B of the 
General Statutes. (Ch. 1111) 

H.B. 2489, an act to establish the offense of impaired driving in commercial motor 
vehicles, to assess a fee for license revocation for the offense, and to increase the fee 
for a Class A or Class B license. (Ch. 1112) 

S.J.R. 1869, a resolution providing for adjournment sine die of the General As- 
sembly. (Res. 49) 

Senator Harrington offers a motion, seconded by Senator Speed, that the Senate of 
the 1987 General Assembly do now adjourn, sine die. 

The President orders a message sent to the House of Representatives informing that 
Honorable Body that the Senate has completed the business for which it was convened 
and stands ready to adjourn, sine die. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
July 12, 1987 

Mr. President: 

You are respectfully advised that the 1987-1988 House of Representatives has con- 
cluded its business and will be ready to open the doors of the House immediately upon 



July 12, 1988 



330 SENATE JOURNAL [Second Session 

receipt of information from your Honorable Body that you are ready to open your 
doors, that the gavels may fall simultaneously and adjournment may be declared sine 
die. 

Respectfully, 
S/Grace a. Collins 
Principal Clerk 

Pursuant to the message that the House of Representatives has concluded the busi- 
ness before it and having notified that Body that the Senate has completed the business 
before it, the President of the Senate declares the Senate stands ready for adjournment 
sine die. The President orders the doors of the Senate thrown open. The Speaker of 
the House of Representatives is perceived standing ready to let the gavel fall. 

The motion heretofore offered by Senator Harrington, seconded by Senator Speed, 
prevails. The hour for adjournment sine die as fixed by Resolution 49 having arrived, 
the President of the Senate, Robert B. Jordan III, declares the Senate of the 1987 
General Assembly adjourned, sine die. 

ROBERT B. JORDAN III 
President of the Senate 

SYLVIA MORRIS FINK 
Principal Clerk of the Senate 



July 12, 1988 



ADDENDUM 



1988] SENATE JOURNAL 333 

It will be noted that a number of bills and resolutions passed second reading and 
then were read a third time on the same day. 

Rule 50 states: 

No bill on its third reading shall be acted upon out of the regular order in 
which it stands on the calendar, and no bill shall be acted upon on its 
third reading the same day on which it passed its second reading, unless 
so ordered by two-thirds of the membership of the Senate. 

In order to comply with this Rule, no bill which has passed its second reading is read 
a third time except: 

(1) when a member moves that the Rule be suspended, and this motion pre- 
vails by at least a two-thirds vote of the membership of the Senate, or 

(2) when the Chair determines that there is no objection from any member 
present, which constitutes unanimous consent that Rule 50 be sus- 
pended. 

In these cases, the bill is read a third time and remains before the Senate for further 
consideration. 



It will be noted that when a bill passes its second reading and remains on the Calen- 
dar for further consideration, unless indicated otherwise, the measure is placed on the 
Calendar for the next legislative day in its regular order of business. 



It will be noted that Rule 20(2) of the House of Representatives requires that "all 
measures affecting a fee imposed by the State or any subdivision thereof" are classified 
roll-call measures for the purpose of spreading the ayes and noes on the Journal. 
Though the Senate Rules do not require, the Rule of the House of Representatives is 
honored and the measures are considered as roll-call measures, unless ruled otherwise 
by the presiding officer. 

Sylvia Fink 
Principal Clerk 



334 ^ SENATE JOURNAL [Second Session 

H.B. 1859 (Committee Substitute) 
(June 16, 1988— see Page 52) 

REPORT TO THE JOINT APPROPRIATIONS COMMITTEE 

June 15, 1988 

S/Aaron W. Plyler S/William T. Watkins 

Chairman Chairman 

Senate Appropriations House Appropriations 

June 15, 1988 
Changes to the 
General Fund Operating Budget 
for 1988-89 Summary 



REDUCTIONS. 

1. Base budget reductions (page 4) 

RECURRING INCREASES. 

2. Continuation of items funded for 
1987-88 only (page 2) 

3. Mandatory items (page 2) 

4. Operating cost for new facilities (page 3) 

5. Enrollment changes (page 3) 

6. Reduction in federal support (page 3) 

7. Other base adjustments (page 3 and 4) 

8. Compensation Increase for State Employees 

4.5% Salary Increase 204,376,062 

9. Reserve for Compensation Increase for Locals 

4.5% Increase 6,182,087 

10. Reserve for Retirement Increase for Retired 
Employees 3.6% Increase ($140.0 M) - 





Positions 


($26,009,151) 


- 


8,214,450 


50 


25,260,882 


510 


1,033.429 


34 


10,777,589 


129 = 


9,677,480 


- 


8,653,897 


9 



Total Recurring Increases $274,175,876 732 



1988] SENATE JOURNAL 335 

Recurring 
1988-89 

CONTINUATION OF ITEMS FUNDED FOR 1987-88 ONLY: 

Department of Correction 

1. Continuation Support for Positions 
Established under 1987 Emergency 
Legislation 757,175 24 

Department of Crime Control and Public Safety 

1. Continuation Support for ALE 4,468,315 

2. Continuation of Community Penalties 42,500 

Program 215,967 

State Aid 

Department of Human Resources 

1. Catholic Social Ministries (Grant-in- Aid) 39,807 

State Aid 

Department of Natural Resources and Community Development 
1. Continuation of Agriculture Cost Share 1,600,000 

Program State Aid 

Department of Public Education 

1. Continuation of DRUG AWARENESS 
RESISTANCE EDUCATION (DARE)/ 

INTERVENTION Program 76,398 4 

2. Educational Component of Residential and 
Day Treatment Program for Adolescent 
Substance Abusers (Teachers and Aide 

Positions) 738,960 16 

Department of Justice 

1. Continuation of DRUG AWARENESS 
RESISTANCE EDUCATION (DARE)/ 
INTERVENTION Program 275.328 

Subtotal - Continuation of Items 

MANDATORY ITKMS. 

Department of E^iblic Education: 
1. Adult Bus Drivers 

Department of Correction 

1. Needs for Units Under Suit 

a) Custody and Security 

b) Health Services Reorganization 

2. Positions and Support Cost to 

Implement Staffing Standards 

3. Increase in Medium Custody Beds 

Subtotal - Mandatory Items 



$8,214,450 


50 


18,817,941 


- 


3.133,945 


367 


1,667,490 


64 


453,365 


25 


1.1S§,141 


M 


$25,260,882 


510 



336 



SENATE JOURNAL 



[Second Session 



OPERATIN G COST FOR NEW FACILITIES. 

Department of Correction 

1. Bridge Forestry Program 



Recurring 

1988-89 

Cost 



722,551 



Department of Natural Resources and Community Development 
1. N. C. Zoo Medical Building Operating Cost 310.878 
Subtotal - Operating Cost for New 
Facilities 



ENROMJVTENT CHANGES. 

University of North Carolina 
1 . Enrollment Changes 

Department of Public Education 

1. Average Daily Membership Adjustment 
Subtotal - Enrollment Changes 

REDUCTION IN FEDERAL SUPPORT. 

Department of Human Resources 

1. Change in Federal Matching Rate- 
Medicaid 

2. Increase in Part B Medicare Premiums - 
Medicaid 

3. Change in Federal Matching Rate-Social 
Services 

Subtotal - Reduction in 

Federal Support 

OTHER BASE AD.IUSTMENTS. 

Department of Correction 

1. State Information Processing Services 

Department of Administration 

1. State Government Security 

Judicial Department 

1 . Receipts for Child Support Enforcement 

2. Superior Court Judge - 16B District 

Statewide Reserve: 

1 . Salary Adjustment for Nurses 

Department of Human Resources 

1. Emotionally Disturbed Children Services 

2. Chronically Mentally 111 



Secretary of State 

1. Business Investment Registration Act 



$1,033,429 



7,923.328 



$10,777,589 



$4,500,000 

4,600,341 

?77.139 

$9,677,480 

1,000,000 
95,651 



200,000 
60,600 



3.500,000 



1,000,000 
State Aid 

1,000,000 
State Aid 



69.646 



Positions 



29 



34 



Not Given 



All 



1988] 



SENATE JOURNAL 



337 



Department of Human Resources 

1 . Division of Aging - Grants to Area Agencies 
on Aging to continue providing in-home 
services for the elderly population. 



Recurring 

1988-89 

Cost 



1,728,000 
State Aid 



Subtotal - Other Base Adjustments $8,653,897 

1988-89 
Cost 



RASE BUDGET REDUCTIONS. 

Department of Public Education: 

1. Adjust Average Annual Salary Base 

Department of Correction 

1. Reduction in Salary Reserve 

Department of Human Resources: 

1. Cost of Transporting Children to and 

from Schools for Deaf and Blind 

2. Adjust Utilities Cost-Schools 

3. Reduce Salary Equalization Requirements 

4. Adjust Patient Receipts 

5. Reduce Foster Care Assistance to 

Level of Need 

6. Reduction in Transfer for WIN 

7. Budget Increased Child Support Collections 

8. Reduce Adoption Assistance Program to 

Level of Need 

9. Reflect Increased Federal Allocation for VR 

Statewide Reserves: 

1. Reductions to Level of Need 

a) Reserve for Health Benefits 

b) Reserve for Part Time Employees 



10,000,000 



500,000 



150,000 

100,000 

538,470 

4,132,471 

100,000 
130,000 
400,000 

200,000 
1,000,000 



8,229,546 



P9§iti<?n§ 



FQSitJQns 



Subtotal-Base Reductions 



$26,009,151 



338 ; SENATE JOURNAL [Second Session 

H.B. 2641 

(June 28, 1988 — see Page 158) 



NORTH CAROLINA GENERAL ASSEMBLY 

REPORT TO THE 

HOUSE APPROPRIATIONS COMMITTEE 



CAPITAL IMPROVEMENTS 
- NON-RECURRING ITEMS 



June 27. 1988 



8/ William T. Watkins 
Chairman, Appropriations 
Committee, Expansion Budget 
House of Representatives 



1988] 



SENATE JOURNAL 

JUNE 27, 1988 

CAPITAL IMPROVEMENTS 



339 



RECOMMENDATIONS 

1988-89 



Department of Administration 

1 . Revenue Building - Final Drawings for 

construction of new six-floor facility 

2. Education Building - Supplement to add 

an additional floor to planned building 

3. Underground Parking - North end of 

Bicentennial Mall (H 2427 - $2.5 
million bond authorization) 

4. Infrastructure Needs for Blue Ridge Road 

Complex - Extension to new Toxic 
Metal and Organic Analytical Lab 

5. State Capitol Grounds Improvements 

($500,000 from repairs and renovations 
reserve in Office of State Budget) 

6. Low Level Radioactive Waste Management 

Site development 

SUBTOTAL-ADMINISTRATION 



$ 500,000 
7,000.000 



300,000 



2.000.000 
$ 9,800,000 



Department of Agriculture 



Office and Conference Center, Tidewater 
Research Center - Construction support 
for designed facility 
Curbs, gutters, etc. for State Fairgrounds 
Freezer addition at Butner warehouse 
New Agronomic Lab- Planning 
Watercraft Museum - Cost Overrun 
WNC Agriculture Center - land purchase 

SUBTOTAL-AGRICULTURE 



Department of Correction 

1. Wastewater Treatment Facility 

Upgrading, Calendonia 

2. Complete chapel at Western Correctional Center 

3. Complete chapel at Harnett Youth Center 

4. Complete chapel at Johnston Prison Unit 

SUBTOTAL-CORRECTION 

Department of Human Resources 

1 . Black Mountain Center - Supplement 

for on-going renovations 

2. Juvenile Evaluation Center - air conditioning 

two Lockup Facilities 

SUBTOTAL-HUMAN RESOURCES 

Department of Justice 

1. SBI Lab, Garner Road - Construction of 

planned laboratory 

2. Justice Academy - Completion of new dorm 

SUBTOTAL-JUSTICE 



$ 4,000,000 
1,013,100 
841,000 
225,000 
290,700 
450.000 

$ 6,819,800 



$ 1,300,000 
65,000 
93,000 
40.0QQ 

$ 1,498,000 



$ 852,000 

lOQ.OOQ 
$ 952,000 



$ 10,060,700 

2M.J21 

$ 10,456,923 



340 



SENATE JOURNAL 



[Second Session 



RECOMMENDATIONS 

1988-89 



Department of Natural Resources and 
Community Development 



Civil Works Projects Reserve 

Stallings Air Field - Repairs to Aprons of 

Airfield ($312,000 from Highway Funds) 
State Parks Repairs & Renovations (Designate 

$1.0 M from Repairs & Renovation Reserve) 
Zoo Development 

Eno River State Park - Land Purchase 
Forestry - Equipment Shed/Office Facility - 

Sampson County 
New River State Park - Construct meeting shelter 
Lake James State Park - Development 
SUBTOTAL - NRCD 



503,000 



1,000,000 

2,000,000 

250,000 

200,000 
85,000 

^00. pop 

4,538,000 



Department of Cultural Resources 

1. Tryon Palace - Renovate Disosway House 



100,000 



Department of Community Colleges 

1. Construction Funds 

a. Stanly /Anson Tech - Union County Satellite 

b. Sandhills TC - Hoke County Satellite 

c. Rowan TC - Cabarrus County Satellite 

d. Wilkes CC - Skills Center 

e. Montgomery CC - Additional funds 

for pottery building 

f. Guilford Tech - Aviation/Transportation 

Building 

g. Emergency Water & Sewer Projects 

Davidson County CC 
h. Central Carolina-Harnett County Satellite 
i. Central Piedmont - Optical Disc Facility 
j. Richmond CC - Scotland County Satellite - 

Asbestos removal 
k^ Caldwell Community College - Watauga 

County Satellite 
1. Sampson CC - Renovation of building 
m. Edgecombe - Completion of library/ 

classroom building 
n. Alamance CC - Completion of t 

classroom building 
o. Asheville-Buncombe Tech. - 

Library planning 
p. Blue Ridge CC -Transylvania Satellite 
q. Southwestern CC - Landscaping 
r. Haywood CC - Student Activities 

Building completion 
s. Wayne Community College - 

Classroom Building 
t. Craven Community College - 

Student Athletic Center 
u. Tri County Community College - 

Complete classroom, office, shop addition 



$ 1,000,000 
100,000 
500,000 
700,000 

50,000 

1,700,000 

450,000 

100,000 

1,000,000 

25,000 

100,000 
250,000 

330,000 

443,500 

200,000 
75,000 
25,000 

850,000 

900,000 

850,000 

316,000 



1988] 



SENATE JOURNAL 



341 



RECOMMENDATIONS 

1988-89 



V. Vance-Granville - Regional Truck 
Driving School for equipment and 
startup costs ($250,000); Repay 
Loan ($350,000) 

w. Piedmont CC - Adult Learning Center - 
planning 

X. Southwestern CC - Macon County 

Satellite-Regional Fire Training Center 

y. Carteret CC - Planning for Student Center 

z. Randolph CC - Business & Data 
Processing Building 
aa. Isothermal CC - Land Purchase 
bb . Vocational Textile School - Safety 
Energy and Handicap Code 
Requirements ($684,300). To be 
allocated from Repairs and Renovations 
Reserve in Office of State Budget. 



600,000 

100,000 

350.000 
100,000 

600.000 
121,000 



SUBTOTAL- 
COMMUNITY COLLEGES 



$11,835,500 



Department of Crime Control and Public Safety 

1. National Guard Military Center 
Addition planning, Raleigh 



65.000 



University of North Carolina 

1. Construction Funds 

a. School of the Arts - Renovations of 

Gray High School 

b. NCSU - Addition/Remodel Scott Hall 
^ c. UNC-Charlotte - Cost overrun on 

Applied Research Lab Facility 
d. Planning Funds - Centennial Campus 

($710,000) and Centennial Campus 

Site Development ($2,000,000) 
e'. Land Purchases UNC-G ($2.0 M); 

ECU ($.5 M); 

f. Repairs/Renovation Reserve 

Designated Allocations: 
'' (1) Elizabeth City State 

(2) Fayetteville State 

(3) Winston-Salem State 

(4) Pembroke State 

(5) Western Carolina boiler repair 

g. UNC-Chapel Hill - Complete design 

for School of Social Work 
h. UNC-Asheville - Complete design and 

site work for conference center 
i. UNC-Asheville - Complete design for 

physical education building 
j. UNC-Asheville - Arboretum capital 

improvements; design work and 

planning ($450,000) 



$ 5,989,000 
8,863,500 

1,250,000 



2,710,000 

2,500.000 
10,000,000 



$500,000 
500,000- 
500,000 
500.000 
191.500 



250.000 

2.377.000 

300.000 

3,550,000 



342 



SENATE JOURNAL 



[Second Session 



RECOMMENDATIONS 

1988-89 



k. Agricultural Extension Service - Repairs/ 
Renovations of Mitchell 4-H Camp 
$272,500; and, $27,500 for land 
purchase and development of Swannanoa 
4-H Camp 

SUBTOTAL-UNIVERSITY 



Office of State Budget 

1. Repairs/Renovation Reserve 

Designated Allocations: 

(1) State Capitol grounds 

improvements - 

(2) Vocational Textile School 

2. Construction of new dorms (600 beds) for 

Department of Correction 

3. Sewer and Water Loans and Grants 

Designated Allocations: 

(1) Town of Salemburg 

(2) Burke County 

SUBTOTAL - OSB 
GRAND TOTAL 



$ 38,089,500 
$ 16,200,000 



$500,000 
684,300 



$100,000 
433,550 



17,447.391 
3,000,000 



$ 36,647,391 

$120,802,114 
$312,000 HF 



NON-RECURRING ITEMS 



Office of the Lieutenant Governor 

1 . Continue support for the Commission on Jobs 
and Economic Growth until December 31 

Department of Public Education 



1988 



1. Uniform Education Reporting System - Funds to 

complete implementation of the Uniform 
Education Reporting System in all school units. 
Funds are to be expended by the State Board of 
Education to purchase financial management 
information services, equipment and software, 
and data communications capabilities that meet 
all standards of the Uniform Education Reporting 
System 

2. Child Nutrition Staff Training Program -Support 

for staff development in the areas of financial 
management, food production, meal services, 
and nutrition education 

3. Latchkey Program - Provides incentive grants to 

local school systems to establish before and after 
school care programs for children in grades K-9 

4. State Advisory Council on Indian Education Funds to 

support a State Advisory Council on Indian 
Education to advise the State Board of Education 



40,793 



6,870,000 



280.000 



4,200,000 
State Aid 

20.000 



1988] SENATE JOURNAL 343 



RECOMMENDATIONS 

1988-89 

5. Prevention/Student Assistance Program - Funds to 750,000 

local school systems to support student assistance 
programs that are now the responsibility of the 
Public Schools under SB 1356 

6. NC Close-up Program - Funds to support the 30,000 

North Carolina Close-up Program 

7. Health Adventure - Grant for capital improvements 50,000 

for health studies program operated through the 
Mountain Area Health Education Center 

8. DARE Program - Materials and workbooks 247,000 

for students in local school systems who are 
enrolled in the DARE Program 
SUBTOTAL - PUBLIC EDUCATION $ 12,447,000 

Department of Administration 

1 . Contractual services for developing a 

master plan for the Blue Ridge Road complex 100,000 

2. Low Level Radioactive Waste Management 

Authority - Reserve to meet needs for 

siting of a facility (Reserve) 500,000 

4. Transition Expenses - Council of State, 

Governor and Lieutenant Governor (Reserve) 110,000 

5. Inauguration Expense 50,000 

6. State Construction - Support for a traffic 

flow study of the State Government Complex 30,000 

7. Rape Crisis Centers - Continue operations of 

local centers that previously received federal 

victims assistance funding 368.000 

SUBTOTAL - ADMINISTRATION $ 1,158,000 

Department of Revenue 

1. Reserve for establishing Computer Center 2,259,089 

as part of a Distributed System with the 
^ State Computer Center and to prepare a 

"disaster" recovery and operations plan 
for major, critical computer applications 

Department of Human Resources 

1. Bingo Law License Transfer - Reserve for 25,000 

the purpose of transferring the responsibility 
for issuing Bingo Licenses from the Department 
of Revenue to the Department of Human 
Resources as required by Chapter 866 (HB 10) 
of the 1987 Session Laws 

2. Aging Program Funds - These funds will make 2,000,000 GF 

additional activities available for older adults such State Aid 

as transportation, and senior center services 2,000,000 HF 

State Aid 

3. Group Homes for the Mentally Retarded - 1,495,000 

Start-up funds for 23 group homes for the State Aid 

Mentally Retarded approved by the U.S. 
Department of Housing and Urban Development 
(HUD) 1987 Section 202 allocations. 



344 



SENATE JOURNAL 



[Second Session 



RECOMMENDATIONS 

1988-89 



4. 



Family Physicians and Obstetricians Reimburse- 
ment - Funds to compensate family physicians 
and obstetricians who provide service in 20 
underserved counties ($12,000 per county) 



Camden 
Caswell 
Clay 

Currituck 
Dare 
Gates 
Graham 
First Step Farm for Women 



Greene 

Hoke 

Hyde 

Jones 

Madison 

Northampton 

Pamlico 

- Funds for the 



Pender 

Perquimans 

Polk 

Tyrell 

Warren 

Yancey 



9. 



10. 



11 



12. 



13. 



14. 



planning and development of a program to serve 
women from Charlotte to the Tennessee Line, 
based upon the First Step Farm Program for 
men. Estimated cost will be $35 per client day 
compared to $90 per client day at the State 
Alcoholic Rehabilitation Centers. 

Blue Ridge Mental Health Funds -Funds for 

renovation and addition ($667,000), building 
purchase ($210,000) and planning of a satellite 
facility ($25,000) 

ADAP Funds - Grant of $500 for each state 
allotted slot (5,241) to be used for building 
and/or equipment. 

ICF/MR Group Homes - Start-up costs for 5 

Intermediate Care Facilities for the Mentally 
Retarded (Gaston, 2; Cabarrus, 2 and Stanly, 1) 

United Cerebral Palsy of N.C. - Funds to support 
programs for disabled children 

Children's Home Society of North Carolina - 
Grant-in- Aid for Society's Inter-agency 
Placement Program 

State Match for Federal Funds - Provide funds 
to allow the State to draw down $111,175 of 
federal funds for in-home service programs for 
older adults. In-home service programs will 
^. allow older adults to remain in their communities, 
and avoid institutionalization 

AIDS Control Program - Funds to effectively 
manage the State's federally funded AIDS 
programs in the Division of Health Services 

Last Chance for Children Program - Funds for 
the construction of a residential treatment 
facility for the "Last Chance for Children" 
treatment program. 

Caswell County Family Medical Center - 
Provide funds to be used to construct an 
extension to the Caswell County Family 
Medical Center to help meet the health care 
needs of the area 



240,000 
State Aid 



485,000 
State Aid 



902,000 
State Aid 



2,620,500 
State Aid 

240,000 
State Aid 

230,000 
State Aid 

200,000 
State Aid 



6,540 



219,789 
(receipts) 

(4) 

75,000 
State Aid 



145,000 
State Aid 



NA 



1988] 



SENATE JOURNAL 



345 



RECOMMENDATIONS 

1988-89 



15. Obstetrical Education - Funds to Health Services 

for the use of the Mountain Area Health Education 
Center to develop a pilot program in obstetrical 
education; including an OB/GYN residency program, 
operation of a high risk maternity clinic, fellowships 
in obstetrics for family practitioners, and training of 
nursing students and other residents. 

SUBTOTAL - HUMAN RESOURCES $ 

Department of Correction 

1 . Life Safety Code equipment for prison field 

units under suit 

2. Operating Funds for New Units: 

(a) Craggy Correctional Center (Reserve) 

(b) Buncombe Correctional Center (Reserve) 
(d) Women's Correctional Center - 

Infirmary Equipment (Reserve) 



480,000 
State Aid 



9,144,040 



SUBTOTAL - CORRECTION 

Department of Agriculture 

1. N.C. Agricultural Finance Authority Grant- 

To provide operating support for the Authority 

2. Seed Testing Program Equipment. Replace seed 

germination testing equipment. 

3. N.C. Agricultural Product Promotion. 

Provide funds for the promotion of N.C. 
Agricultural products through the "Goodness 
Grows in N.C." program. 

4. Mountain Research Station (Waynesville) . 

Provide funds for a Sheep Demonstration Project. 

5. Reserve for Swine Testing. Provide funds in a 

reserve to test all swine herds to determine the 
identity of herds infected with the pseudorabies 
virus. Contracted services for blood drawings 
are included. (Reserve) 

"^ SUBTOTAL - AGRICULTURE 

Departmant of Commerce 

1. N.C. Travel Council, promotion of national 



N 



convention to be held in Charlotte 
C. Rural Water Association - Grant 



3. Economic Development - Harnett County 

SUBTOTAL - COMMERCE 
Judicial Department 

1 . Fund a chief district court judge in district 

court district 16 A, and a district attorney 
and an administrative assistant in 
Prosecutorial District 16A 

2. Increase yearly travel allowance by $500 

per year for each superior court judge 

3. Establish the Buncombe County Mediation Center 



499,500 

1,107,023 
1,000,316 

220,000 
$ 2,826.839 



100,000 
30,000 

100,000 
106,010 



$ 1,171,795 



80,000 
State Aid 

90,000 

State Aid 

150,000 

Stat? Aid 

320.000 



46,811 

36,500 

30,000 
State Aid 



346 



SENATE JOURNAL 



[Second Session 



RECOMMENDATIONS 

1988-89 



4. Fund the Gaston County Custody Mediation 

Center for FY 1988-89 as a pilot program 
for one more year 

5. Appropriate funds for FY 1987-88 deficit 

in the Indigent Person's Attorney Fee Fund 
Appropriate additional funds in a reserve for 

FY 1988-89 Indigent Persons' Attorney Fee 
Fund (Reserve) 

SUBTOTAL -JUDICIAL 

Department of Justice 

1. Provide grant-in-aid for law enforcement 

at the public access and camping areas 
during peak use time at Jordan Lake and Kerr Lake: 
Chatham County 

Vance County 

2. Funds are provided to pay attorneys' fees 

awarded in compliance with the Consent 
Judgment of Gingles vs.Thornburg that was 
finalized on March 18, 1987 

3. Increase operating funds for SBI to provide 

second year rental expense of the Capital 
District Office 

4. Continue support for the SBI's participation 

in the Drug Awareness Resistance Education 
Program 

SUBTOTAL - JUSTICE 

Department of Community Colleges 

1 . Funds to address the nursing emergency in 

the State -To establish the Emergency 
Financial Assistance Fund for Nurses for 
Community College nursing students 

2. State Board Reserve - Start-up funds for 

programs, studies, small business programs 
and new ideas 

3. WNCW - Pubhc Radio - Isothermal Community College 

SUBTOTAL - 

COMMUNITY COLLEGES 

Department of Secretary of State 

1. Printing and Distribution of the Directory 

of State Business Licenses and Permits 

Department of Natural Resources 
and Community Development 

1 . Oyster Cultch Material - To increase 

development of oyster fishery 

2. Forestry - Heavy Equipment Replacement for 

Davidson and/or Rowan County ($340,000); 
Radios ($500,000) 

3. Pollution Prevention Pays - To provide grants 



53,500 
State Aid 



2,400,000 



$ 6,229,811 



25,000 
State Aid 

25,000 
State Aid 



133,800 
47,116 

334,921 



410,000 H2461 



1,000,000 
79.?12 



$ 1,489,912 



20,000 



150,000 

State Aid 

840,000 

150,000 



1988] 



SENATE JOURNAL 



347 



RECOMMENDATIONS 

1988-89 



Artificial reefs - To provide support to establish 
and maintain an artificial reef in the waters 
off Carteret County 100.000 

SUBTOTAL - NATURAL RESOURCES $ 1,240,000 



University 

1. Aid to Private Colleges: Additional Legislative 

Tuition Grant funds needed due to the federal 
curtailment of tuition assistance for military personnel 

2. NCSU - Additional funds for the turfgrass research project 

3. ECU - Continued matching funds for establishment 

of N.C. Geographic Alliance Network 

4. NCSU - Funds to support implementation of the 

Research Triangle World Trade Center to help 
increase exports 

5. Western Carolina University - Funding for 

economic development efforts of the 
Center for the Improvement of Mountain 
Living 

6. Western Carolina University - Video production 

equipment 

7. Western Carolina University - Centennial 

Celebration 

8. NCSU Sewage Study- Continuation support for 

study of alternative disposal systems for 
residential sewage in those parts of N.C. 
where soil absorption qualities are poor 

9. Funds to address the nursing emergency in the State 

(a) Funding to the State Education Assistance 

Authority to develop and distribute a 
comprehensive directory of financial aid 
programs available to nursing students 

(b) Emergency financial assistance funds for 

UNC nursing students 

SUBTOTAL - UNIVERSITY 

Department of Crime Control and Public Safety 

1. Provide funds for departmentwide computer training 

Department of Transportation 

1. State Aid to Airports (1987 legislation) 

2. Railroads - (1987 legislation) 



SUBTOTAL - TRANSPORTATION 

Office of State Budget and Management (All items are Sta 

1. Alzheimer Model Adult Day Care Program, 

Alamance County, $35,000; and, $10,000 
each for the Eastern and Western Chapters 
of the Alzheimer Disease Association to 
support hotlines 

2. Autism Society of North Carolina - To continue State 

support for the summer camp program 



149,219 
State Aid 

40,448 

50,000 

State Aid 

100,000 



200,000 

150,000 

50,000 

50,000 

20,000 H2461 

140.000 H2461 
$ 949,667 

71,000 

500,000 
State Aid 

116,666 
?tat? Aid 

$ 616,666 

te Aid) 



55,000 
262,000 



348 , SENATE JOURNAL [Second Session 



RECOMMENDATIONS 

1988-89 

3. N.C. Rural Economic Development Committee - 

Grant for the Waccamaw Siouan Development 

Association, Inc. for its aquaculture project 100,000 

4. Town of Grifton - Grant for the continuing renovation 

of the Railroad Depot as a community center 

(dollar for dollar match required) 50,000 

5. City of Mebane - Grant-in-aid for the Mebane 

Arts Center 35,000 

6. Transylvania County - Grant for the Transylvania 

Youth Activities Building 100,000 

7. Folkmoot, USA - Grant-in-Aid to the N.C. 

International Folk Festival for operating 

expenses of Folkmoot 75,000 

8. Wake County - For the preparation of the 

environmental assessment and preliminary 

engineering for the development of the Little 

River Reservoir 100,000 

9. Jackson County - To provide matching funds 

for development of a vocational rehabilitation 

facility to serve the physically and mentally 

handicapped individuals in the far western 

counties (dollar for dollar match) 250,000 

10. N.C. Amateur Sports - 1989 State Games grant 

for operations 100,000 

11. Liberty Cart - Grant-in-Aid to Duplin Outdoor 

Drama Society, Inc. for operations of the 

outdoor drama 35,000 

12. Carolina Charter Corporation - To continue locating 

and filming North Carolina - Related Records 

in Scotland 35,000 

13. Mission Air Ministries, Inc. - Grant-in-Aid for 

continuing air transportation in medical emergencies 100,000 

14. Union County Farmers' Market 50,000 

15. General William C. Lee Museum - Grant for capital 

and operating expenses of the museum 100,000 

16. Vance County Courthouse Renovations 100,000 

17. Minority Business Development ($100,000 each 

" for Southeastern N.C. Business & Professional 
League, Triad Area, and Fayetteville Minority 
Business League 300,000 

18. Sampson County - To construct an Adult Develop- 

mental Activity Program and Child Development 

Center Building. Land for the building is required 

as match. 150,000 

19. N.C. Senior Citizens Federation - Funds to support 

general operations 85,000 

20. Durham Arts Complex - $15. 3m has been raised 

locally to support State funding 500,000 

21. Funds to support the purchase of a van for Stokes 

County for its senior citizens organization 

($25,000) and for the United Tri-County 

Senior Citizens program which serves Pamlico, 

Craven, and Jones Counties ($25,000) 50,000 

22. Cunningham Foundation - To provide funds to 

plan the Air Museum at Havelock 100,000 



1988] SENATE JOURNAL 349 



RECOMMENDATIONS 

1988-89 

23. Jones County - Funds to complete construction 

of the Agricultural Center 80,000 

24. Thalian Hall Center for Performing Arts, Inc. - 

Grant for renovation of Thalian Hall, a historic 

theater. State funds are to be matched on a basis 

of three non-state dollars for each state dollar. 

Funds must be matched within twelve months. 

If not, the state funds are to revert. 1,000,000 

25. Flatrock Playhouse - Additional grant funds 25,000 

26. Historic Rosedale (Charlotte) - for restoration 100,000 

27. Brevard Music Center - Grant to provide 

parking facilities 150,000 

28. "Strike at the Wind" - Grant to Robeson 

Historical Drama, Inc. to aid in produc- 
tion of the drama 35.000 

SUBTOTAL - 

OFFICE OF STATE BUDGET $4,122,000 

General Assembly 

1. Birth-Related Neurological Impairment 

Compensation Act Study 25,000 

2. Legislative Study Commission on Nursing 50.000 H2461 

SUBTOTAL - GENERAL ASSEMBLY $ 75,000 

Total General Fund $44,516,533 

Total Highway Fund $ 2,000,000 

RECURRING ITEMS 

Department of Human Resources 

1. Domiciliary Care Rate Increase: 

Increase rates for ambulatory care by 5% effective 1-1-89: 

(a) Division of Social Services $ 736,021 

(b) Division of Blind Services 31,034 

2. Catastrophic Health Care - To provide support to 

implement the provisions of the Federal 
Catastrophic Health Coverage Act of 1988: 

(a) Administrative and start-up cost 300,000 

(b) Reserve for program cost 3,932,345 

Department of Administration: 

1. State Construction Office - To provide eight 401,839 

additional engineers and operating support (9) 

to monitor the increased numbers of State 
" construction projects and perform follow-up 

inspections during the guaranty period, and a 
Secretary 

2. Per Diem for State Building Commission 25,000 
Department of Correction: 

1. Bridge Forestry Program - Reduce support of 
$722,551 to $293,769 due to delayed 
operational date (428,782) 



350 * SENATE JOURNAL [Second Session 

RECOMMENDATIONS 

1988-89 

Department of Revenue: 

1. Postage due to rate increase 251.000 

Net Recurring Increases $5,248,457 

AVAILABILITY OF ADDITIONAL REVENUE TO SUPPORT ITEMS ABOVE 

An increase in non-tax revenue due to reimbursements from the federal government 
(through the Division of Social Services) for expenditures incurred in collecting child 
support payments by the Administrative Office of the Courts. 



1988] SENATE JOURNAL 351 

H.B. 2641 

(Senate Committee Substitute) 

(June 29, 1988 — see Page 165) 



NORTH CAROLINA GENERAL ASSEMBLY 

REPORT TO THE 
SENATE APPROPRIATIONS COMMITTEE 



- CAPITAL IMPROVEMENTS 
-NON-RECURRING ITEMS 

JUNE 29, 1988 



S/Aaron W. Plyler 
Chairman, Appropriations 

Committee, Expansion Budget 

Senate 



352 SENATE JOURNAL [Second Session 

JUNE 29, 1988 
SENATE PACKAGE 
CAPITAL IMPROVEMENTS 



RECOMMENDATIONS 

1988-89 

Department of Administration 

1. Revenue Building - Final Drawings for construction 

of new six-floor facility $ 500,000 

2. Education Building - Supplement to add an 

additional floor to planned building 7,000,000 

3. Underground Parking - North end of 

Bicentennial Mall (H 2427 - $2.5 million 
bond authorization) 

4. Infrastructure Needs for Blue Ridge Road 

Complex - Extension to new Toxic Metal 

and Organic Analytical Lab 300,000 

5. State Capitol Grounds Improvements ($500,000 

from repairs and renovations reserve in 
Office of State Budget) 

6. Low Level Radioactive Waste Management 

Site development 2.000.000 

SUBTOTAL-ADMINISTRATION $ 9,800,000 

Department of Agriculture 

1. Office and Conference Center, Tidewater Research 

Center - Construction support for designed facility $ 3,500,000 

2. Curbs, gutters, etc. for State Fairgrounds 1,013,100 

3. Freezer addition at Butner warehouse 841,000 

4. New Agronomic Lab- Planning \ 225,000 

5. Watercraft Museum - Cost Overrun 290,700 

6. Museum of Natural Science - Additional Planning 250.000 

SUBTOTAL-AGRICULTURE $ 6,119,800 

Department of Correction 

1. Wastewater Treatment Facility Upgrading, 

Calendonia $ 1,300,000 

2. Complete chapel at Western Correctional Center 65,000 

3. Cmnplete chapel at Harnett Youth Center 93,000 

4. Complete chapel at Johnston Prison Unit 40.000 

SUBTOTAL-CORRECTION $ 1,498,000 

Department of Human Resources # 

1 . Black Mountain Center - Supplement for on- 
going renovations $ 852,000 

Department of Justice 

1. SBI Lab, Garner Road - Construction of 

planned laboratory $ 10,060,700 

Department of Natural Resources and 
Community Development 

1. Civil Works Projects Reserve $ 503,000 

2. Stallings Air Field - Repairs to Aprons of Airfield 

($312,000 from Highway Funds) 



RECOMMENDATIONS 

1988-89 


) 


6,000.000 
250,000 
.^OO.OQO. 


$ 


7,253,000 


$ 


100,000 
474,100 


$ 


624,100 


! $ 


1,000,000 
500,000 
700,000 




1,700,000 



1988] SENATE JOURNAL 353 



3. State Parks Repairs & Renovations (Designate 

$1.0 M from Repairs & Renovation Reserve) 

4. Zoo Development 

5. Eno River State Park - Land Purchase 

6. Dredging of North Channel - Dare County 

SUBTOTAL - NRCD 

Department of Cultural Resources 

1 . Tryon Palace - Renovate Disosway House 

2. Art Museum - Completion of Landscape Project 

3. Charlotte Hawkins Brown Historic Site - 

Stabilization of facilities 



Department of Community Colleges 

1 . Construction Funds 

a. Stanly /Anson Tech - Union County Satellite 

b. Rowan TC - Cabarrus County Satellite 

c. Wilkes CC - Skills Center 

d. Guilford Tech - Aviation/Transportation 

Building 

e. Emergency Water & Sewer Projects 

Davidson County CC (Designate $450,000 
from Water & Sewer Loan and Grant 
Funds in the Office of State Budget and 
Management) 

f. Central Piedmont - Optical Disc Facility 1.000,000 

g. Wayne Community College - Classroom Building 900,000 
h. Randolph CC - Business & Data Processing 

Building 600,000 

i. Isothermal CC - Land Purchase 121,000 

j. Vocational Textile School - Safety Energy and 
Handicap Code Requirements ($684,300). 
To be allocated from Repairs and Renova- 
tions Reserve in Office of State Budget. 
k. College of the Albemarle - Marine Facility 

Construction 225,000 

1.' Vance - Granville - Repay Loan 350.000 

SUBTOTAL-COMMUNITY COLLEGES $7,096,000 

Department of Crime Control and Public Safety 

1. National Guard Military Center Addition 

planning, Raleigh $ 65,000 

University of North Carolina 

1. Construction Funds 

a. School of the Arts - Renovations of 

Gray High School $5,989,000 

b. NCSU - Addition/Remodel Scott Hall 8,863,500 

c. UNC-Charlotte - Cost overrun on 

Applied Research Lab Facility 1,250,000 

d. Planning Funds - Centennial Campus 

($710,000) and Centennial Campus 

Site Development ($2,000,000) 2,710,000 



354 



SENATE JOURNAL 



[Second Session 



RECOMMENDATIONS 

1988-89 



Land Purchases UNC-G ($2.0 M); ECU ($.5 M); 2,500,000 



f. Repairs/Renovation Reserve 

g. UNC -Chapel Hill - Complete design for 

School of Social Work 

j. UNC-Asheville - Arboretum capital improve- 
ments; design work and planning ($450,000) 

k. UNC-Chapel Hill - Performing Arts Center, 
Planning Funds 

SUBTOTAL-UNIVERSITY 



Office of State Budget 

1. Repairs/Renovation Reserve 

Designated Allocations: 

(1) Stale Capitol grounds 

improvements - 

(2) Vocational Textile School 

(3) State Parks 

2. Construction of new dorms (600 beds) for 

Department of Correction 

3. Sewer and Water Loans and Grants 

Designated Allocations: 

(1) Town of Salemburg 

(2) Burke County 

(3) Montgomery County 

(4) Lenoir County 

(5) Davidson Community College 

(6) Wake County - Little River 

4. Solid Waste Revolving Fund 

SUBTOTAL - OSB 
GRAND TOTAL 



10,000,000 

38,800 

3,550,000 

$ 35,038,185 
$ 10,000,000 



$500,000 

684,300 

$1,000,000 



$100,000 
433,550 
200,000 

,900,000 
450,000 
100,000 



17,447,391 
15,000,000 



8,800,000 
$ 51,247,391 
$129,654,176 



NON-RECURRING ITEMS 



Office of the Lieutenant Governor 

1. Continue support for the Commission on Jobs and 

Economic Growth until December 31, 1988 $ 40,793 

Department of Public Education A 

1. Uniform Education Reporting System - Funds to 6,870,000 

complete implementation of the Uniform 
Education Reporting System in all school units. 
Funds are to be expended by the State Board 
of Education to purchase financial management 
information services, equipment and software, 
and data communications capabilities that meet 
all standards of the Uniform Education 
Reporting System 

2. Latchkey Program - Provides incentive grants to 4,200,000 

local school systems to establish before and after State Aid 

school care programs for children in grades K-9 



1988] SENATE JOURNAL 355 



RECOMMENDATIONS 

1988-89 

3. State Advisory Council on Indian Education Funds to 20,000 

support a State Advisory Council on Indian 
Education to advise the State Board of Education 

4. Prevention/Student Assistance Program - Funds to 750,000 

local school systems to support student assistance 
programs that are now the responsibility of the 
Public Schools under SB 1356 

5. DARE Program - Materials and workbooks for 

students in local school systems who are 

enrolled in the DARE Program 247.000 

SUBTOTAL - PUBLIC EDUCATION $ 12,087,000 

Department of Administration 

1. Contractual services for developing a master plan 

for the Blue Ridge Road complex 100,000 

2. Low Level Radioactive Waste Management 

Authority - Reserve to meet needs for siting 

of a facility (Reserve) 500,000 

4. Transition Expenses - Council of State, Governor 

and Lieutenant Governor (Reserve) 110,000 

5. Inauguration Expense 50,000 

6. State Construction - Support for a traffic flow study 

of the State Government Complex 30,000 

7. Rape Crisis Centers - Continue operations of local 

centers that previously received federal victims 368,000 

assistance funding State Aid 

8. Superconducting Super Collider - Contractual 

services for continuing the state's efforts 

in pursuit as selection as host state 

for this facility 340,000 

9. Indian Affairs Commission -Indian Cultural Center, 

Robeson County - To provide additional 

support for continued development of the Center 50.000 

SUBTOTAL - ADMINISTRATION $1,548,000 

Department of Revenue 

1. Reserve for establishing Computer Center as part of a 2,259,089 

Distributed System with the State Computer 
Center and to prepare a "disaster" recovery 
and operations plan for major, critical computer 
applications 

Department of Human Resources 

1. Bingo Law License Transfer - Reserve for the purpose 25,000 

of transferring the responsibility for issuing Bingo 
Licenses from the Department of Revenue to the 
Department of Human Resources as required by 
Chapter 866 (HB 10) of the 1987 Session Laws 

2. Aging Program Funds - These funds will make 2,000,000 GF 

additional activities available for older adults State Aid 

such as transportation, and senior center services 2,000,000 HF 

State Aid 



356 ^ SENATE JOURNAL [Second Session 



RECOMMENDATIONS 

1988-89 

3. Group Homes for the Mentally Retarded - Start-up 1,495,000 

funds for 23 group homes for the Mentally State Aid 

Retarded approved by the U.S. Department of 
Housing and Urban Development (HUD) 1987 
Section 202 allocations. 

4. AD AP Funds - Grant of $500 for each state 2,620,500 

allotted slot (5,241) to be used for building State Aid 

and/or equipment 

5. ICF/MR Group Homes - Start-up costs for 5 240,000 

Intermediate Care Facilities for the Mentally State Aid 

Retarded (Gaston, 2; Cabarrus, 2 and Stanly, 1) 

6. United Cerebral Palsy of N.C. - Funds to support 230,000 

programs for disabled children State Aid 

7. Children's Home Society of North Carolina - 

Grant-in- Aid for Society's Inter-agency 200,000 

Placement Program State Aid 

8. State Match for Federal Funds - Provide funds to 6,540 

allow the State to draw down $111,175 of 
federal funds for in-home service programs 
for older adults. In-home service programs 
will allow older adults to remain in their 
communities, and avoid institutionalization 

9. AIDS Control Program - Funds to effectively manage 219,789 NA 

the State's federally funded AIDS programs in (receipts) 

the Division of Health Services (4) 

10. Caswell County Family Medical Center - 145,000 

Provide funds to be used to construct an State Aid 

extension to the Caswell County Family 
Medical Center to help meet the health 
care needs of the area 

11. Environmental Health Funds - To assist local health 

departments in providing high quality environ- 
mental health programs 300,000 

12. Autism Society of North Carolina - To continue State 262,000 

support for the summer camp program State Aid 

SUBTOTAL - HUMAN RESOURCES $7,524,040 

Department of Correction 

1. Life Safety Code equipment for prison field units under suit 499,500 

2. Operating Funds for New Units: 

(a) Craggy Correctional Center (Reserve) 1,107,023 

(b) Buncombe Correctional Center (Reserve) 1,000,316 
(d) Women's Correctional Center - 

Infirmary Equipment (Reserve) 220.000 

SUBTOTAL - CORRECTION $2,826,839 

Department of Agriculture 

1. N.C. Agricultural Finance Authority Grant- To 

provide operating support for the Authority 100,000 

2. Seed Testing Program Equipment. Replace seed 

germination testing equipment. 30,000 

3. N.C. Agricultural Product Promotion. Provide funds 

for the promotion of N.C. Agricultural products 
through the "Goodness Grows in N.C." program. 100,000 



1.850.000 


$ 3,021,795 


80,000 


Slate Aid 


90,000 


State Aid 


500,000 


State Aid 



1988] SENATE JOURNAL 357 



RECOMMENDATIONS 

1988-89 

4. Mountain Research Station (Waynesville) . Provide 

funds for a Sheep Demonstration Project. 106,010 

5. Reserve for Swine Testing. Provide funds in a 

reserve to test all swine herds to determine 
the identity of herds infected with the pseudo- 
rabies virus. Contracted services for blood 
drawings are included. (Reserve) 835,785 

6. Drought Emergency - Reserve to be distributed 

according to criteria determined by the 
Department. Recommendations are to be 
submitted to the Council of State for approval 
prior to distribution. (Reserve) 

SUBTOTAL - AGRICULTURE 

Department of Commerce 

1. N.C. Travel Council, promotion of 

national convention to be held in Charlotte 

2. N.C. Rural Water Association - Grant 

3. Rural Economic Development Center - 

Microenterprise Fund 

4. Japan/European Offices - Provide rental expenses 

for the Japan Office ($60,000) and data 

processing expenses ($22,000) for the 

European Office 82.000 

SUBTOTAL - COMMERCE $ 752,000 

Judicial Department 

1 . Fund a chief district court judge in district court 

district 16 A, and a district attorney and an 

administrative assistant in Prosecutorial District 16A 46,811 

2. Fund the Gaston County Custody Mediation Center for 53,500 

FY 1988-89 as a pilot program for one more year State Aid 

3. Appropriate funds for FY 1987-88 deficit in the 

Indigent Person's Attorney Fee Fund 2,400,000 

Appropriate additional funds in a reserve for 
^ FY 1988-89 Indigent Persons' Attorney 

Fee Fund (Reserve) 3.663.000 

SUBTOTAL -JUDICIAL $ 6,163,311 

Department of Justice 

1 . Provide grant-in-aid for law enforcement at the 

public access and camping areas during 
peak use time at Jordan Lake and Kerr Lake: 
. Chatham County 25,000 

State Aid 
Vance County 25,000 

State Aid 

2. Funds are provided to pay attorneys' fees awarded 

in compliance with the Consent Judgment of 

Gingles vs.Thornburg that was finalized on 

March 18, 1987 133,800 

3. Increase operating funds for SBI to provide second 

year rental expense of the Capital District Office 47,116 



358 



SENATE JOURNAL 



[Second Session 



RECOMMENDATIONS 

1988-89 



4. Continue support for the SBI's participation in the 
Drug Awareness Resistance Education Program 

SUBTOTAL - JUSTICE 

Department of Community Colleges 

1. Funds to address the nursing emergency in the 

State - To establish the Emergency Financial 
Assistance Fund for Nurses for Community 
College nursing students 
H2461 

2. Hearing Impaired Program at Wilson Tech - 

To provide continuation support with state 
support due to federal grants no longer 
being available 

SUBTOTAL - 

COMMUNITY COLLEGES 

Department of Secretary of State 

1. Printing and Distribution of the Directory of 
State Business Licenses and Permits 

Department of Natural Resources 
and Community Development 

1. Oyster Cultch Material - To increase development 

of oyster fishery 

2. Recreation Resource Service Contract - To provide 

support for a consulting service contract with 
North Carolina State University 



SUBTOTAL - NATURAL RESOURCES 



University 



1. Aid to Private Colleges: Additional Legislative 

Tuition Grant funds needed due to the federal 
curtailment of tuition assistance for military 
- personnel 

2. NCSU - Additional funds for the turf grass 

research project 

3. ECU - Continued matching funds for establishment 

of N.C. Geographic Alliance Network 

4. NCSU - Funds to support implementation of the 

Research Triangle World Trade Center 
to help increase exports 

5. Funds to address the nursing emergency in the State 

(a) Funding to the State Education Assistance 

Authority to develop and distribute a 
comprehensive directory of financial aid 
programs available to nursing students 

(b) Emergency financial assistance funds for 

UNC nursing students 

6. Lineberger Cancer Center Breast Cancer Program - 

Support for the School of Medicine's program 

SUBTOTAL - UNIVERSITY 



104.005 
$ 334,921 



410,000 

62.000 
$ 472,000 

20,000 

150,000 

158.000 
$ 308,000 



149,219 
State Aid 

40,448 

50,000 

State Aid 
100,000 



20,000 H2461 
140,000 H2461 
368.750 
$ 868,417 



1988] SENATE JOURNAL 359 



RECOMMENDATIONS 

1988-89 

Department of Crime Control and Public Safety 

1. Provide funds for departmentwide computer training 71,000 

Department of Transportation 

1. State Aid to Airports (1987 legislation) 500,000 

State Aid 

2. Railroads - (1987 legislation) 116,666 

gt^t? Aid 

SUBTOTAL - TRANSPORTATION $ 616,666 

Office of State Budget and Management (All items are State Aid) 

1. N.C. Amateur Sports - 1989 State Games 

grant for operations 500,000 

2. Liberty Cart - Grant-in- Aid to Duplin Outdoor 35,000 

Drama Society, Inc. for operations of the 
outdoor drama 

3. Mission Air Ministries, Inc. - Grant-in- Aid for 100,000 

continuing air transportation in medical 
emergencies 

4. Minority Business Development ($100,000 each 

for Southeastern N.C. Business & Professional 
League, Triad Area, and Fayetteville Minority 
Business League 300,000 

5. Cunningham Foundation - To provide funds to 

plan the Air Museum at Havelock 100,000 

6. Thalian Hall Center for Performing Arts, Inc. - 1,000,000 

Grant for renovation of Thalian Hall, a historic 
theater. State funds are to be matched on a basis 
of three non-state dollars for each state dollar. 
Funds must be matched within twelve months. 
If not, the state funds are to revert. 

7. "Strike at the Wind" - Grant to Robeson 35,000 

Historical Drama, Inc. to aid in production 
of the drama 

8. Hyde County Sheriff's Department - Grant for 

^ " the construction of a communications tower 

for Ocracoke Island 80,000 

9. Greenville Museum of Art, Inc. - Grant for the 

construction of an exhibition wing on present 

facility. Grant is to be matched by $2 non-state 

funds for each $1 state support. Funds already 

raised may be used as match 150,000 

10. Schiele Museum of Natural History and Planetarium, 

- Inc. - Grant for support of programs 25,000 

11. Southeastern Center for Contemporary Art, 

Forsyth County - Grant for capital needs. 

Match of non-state funds of $2 is 

required for each $1 of state support 800,000 

12. Science Museum of Charlotte, Inc., Mecklenburg 

County - To provide a grant for operating 

expenses of Discovery Place 250,000 

13. Rankin Museum, Inc. - To help establish a 

Museum of Natural Heritage 25,000 



360 



SENATE JOURNAL 



[Second Session 



RECOMMENDATIONS 

1988-89 



14. Cherokee Historical Association, Swain County - 

To provide a grant to support the Association's 
historical preservation programs and projects 

15. Eastern Chamber of Commerce for the Eastern Tour 

SUBTOTAL - 

OFFICE OF STATE BUDGET 

General Assembly 

1. Legislative Study Commission on Nursing 

Department of Cultural Resources 

1 . Living History Farm - To provide a grant for the 
initial development of the Hauser Farm 
"Home Creek Living History Farm" 
State Historic Site 

' Total General Fund 
Total Highway Fund 



30,000 
100.000 

$ 3,530,000 



50,000 H2461 



25,000 

$42,518,871 
$ 2,000,000 



RECURRING ITEMS 

Department of Human Resources 

1 . Catastrophic Health Care - To provide support 
to implement the provisions of the Federal 
Catastrophic Health Coverage Act of 1988: 

(a) Administrative and start-up cost 400,000 

(b) Reserve for program cost 4,500,000 

Department of Administration: 

1. State Construction Office - To provide eight 401,839 

additional engineers and operating support (9) 

to monitor the increased numbers of State 
construction projects and perform follow-up 
inspections during the guaranty period, and a Secretary 

2. Per Diem for State Building Commission 25,000 

Department of Correction: 

1 . Bridge Forestry Program - Reduce support of 
$722,551 to $293,769 due to delayed 
operational date 

Department of Revenue: 

1. Postage due to rate increase 



(428,782) 



251.000 

Net Recurring Increases $5,149,057 

AVAILABILITY OF ADDITIONAL REV ENUE TO SUPPORT ITEMS ABOVE 

An increase in non-tax revenue due to reimbursements from the federal government 
(through the Division of Social Services) for expenditures incurred in collecting child 
support payments by the Administrative Office of the Courts. 



1988] SENATE JOURNAL 361 

S.B. 1676 

(Proposed House Committee Substitute) 

(July 11, 1988 — see Page 316) 

EXPLANATION OF PROPOSED HOUSE COMMITTEE 
SUBSTITUTE TO SENATE BILL 1676 

Section 1. Transfers persons employed by OAH on July 9, 1988, who provide staff 
support to the Administrative Rules Review Commission (ARRC) to the ARRC at cur- 
rent salary levels, salaries to remain unchanged until June 30, 1989. ARRC to submit 
proposed line-item budget for 1989-91 biennium to Office of State Budget. 

Section 2. Establishes ARRC as independent agency under Article III, Section 11, 
of Constitution. Deletes requirement that OAH provide staff support for ARRC. 
ARRC employees to be appointed by ARRC and are subject to State Personnel Act. 
Rules review procedures and forms to be prescribed by ARRC. 

Section 3. Changes current statutory references to conform with State Document 
Depository Act. Includes ARRC in list of officials and departments to receive copies 
of rules and North Carolina Register. 

Section 4. Extends rules of Office of State Personnel, occupational licensing 
boards, Department of Cultural Resources, Office of the Governor, and Council of 
State to February 28, 1989, repeals rules March 1, 1989, unless approved by ARRC. 
DHR rules extended to June 30, 1989, but repealed July 1, 1989, unless first ap- 
proved. 

Section 5. Establishes 60 day statute of limitation for filing a petition in a contested 
case when no other limitation is set. Statute begins to run when written notice of 
agency decision is given to all known aggrieved persons. Notice given by either per- 
sonal delivery or mail, properly addressed to the person at the latest address given by 
the person to the agency; and must set out specifics about agency action, the right, 
procedure, and time limit for filing a contested case petition. 

Section 6. Provides that DHR may impose conditions in a hazardous waste facility 
permit in response to specified factors and that denial of application must be written, 
state reasons for denial, and inform applicant of right to appeal. 

Section 7. Provides that OSHA standards and rules about agricultural employers 
developed by Commissioner that differ from federal regulations fall under APA rule 
making provisions. 

Section 8. Provides that State OSHA rules concerning agricultural employers 
adopted or promulgated before July 12, 1988, that differ from federal regulations or 
standards are repealed September 1, 1989— unless readopted under Chapter 150B. 

Section 9. Occupational Health and Safety Review Board is exempt from APA 
except in matters that involve agricultural employers. [Current law exempts the Board 
from APA entirely.] 

Section 10. Provides that appeals from citation and abatement periods involving 
agricultural employers and penalties involving them are subject to APA hearing provi- 
sions. Also provides that Safety and Health Review Board's determination is final 
agency decision subject to judicial review. 

Section 11. Conforming amendment. [States that OSHA Director shall inform 
person appealing from citation or abatement period involving agricultural employer of 
his right to an APA hearing. Administrative law judge may issue order modifying 
abatement requirements in a citation after a hearing if shown that a good faith effort 
was made toward compliance by the employer. Affected employees or their represen- 
tatives are to be considered aggrieved persons.] 

Section 12. Conforming amendment. [Conforms language regarding appeals to 
Safety and Health Review Board.] 



362 SENATE JOURNAL [Second Session 

Section 13. Reenacts the 1987 Session Law concerning staffing for OAH and then 
makes the various changes in titles, classifications, grades, and number of employees 
assigned to certain classifications as set out. 

Section 14. (1) Provides that salary of Chief Administrative Law Judge shall be 
fixed by the General Assembly and deletes second paragraph in G.S. 7A-751 desig- 
nating OAH as official deferral agency for charges filed with EEOC; 

(2) Designates OAH as deferral agency for EEOC cases and sets out specific powers 
delegated to OAH to handle cases. States that EEOC proceedings are contested cases 
and an order entered by an administrative law judge (ALJ) in a contested case is a 
final agency decision binding on the parties. An ALJ may monitor compliance with a 
negotiated settlement, conciliation agreement, or order entered in a deferred case. 
[Under current law EEOC proceedings conducted by OAH are not contested cases.] 

Section 15. Eliminates formula in current statute for determining seniority among 
administrative law judges and provides that Chief Administrative Law Judge may des- 
ignate an administrative law judge as senior judge. 

Section 17. Amends APA definition of "Rule" to include policies, statements, and 
procedures that affect other agencies and thus subject those policies, statements, and 
procedures to APA rule review process. 

Section 18. Authorizes administrative law judge to enter a show cause order for 
contempt without first applying to a Superior Court Judge for such an order. Court 
decides whether a person is in contempt and punishment for contempt. 

Section 19. Authorizes an administrative law judge to impose sanctions included in 
the Rules of Civil Procedure as well as Chapter 3 of Title 26 of N.C. Administrative 
Code. 

Section 20. Provides that following determinations made by an administrative law 
judge in a contested case are deemed final decisions rather than recommended deci- 
sions: (1) determination that OAH lacks jurisdiction to hear a case, and (2) an order 
entered in an EEOC contested case. 

Section 21. Conforming amendment. [Changes G.S. 150B-34(a) as made neces- 
sary by Section 20.] 

Section 22. Provides that only one liaison be designated by each department and 
occupational licensing agency as a contact person with OAH or ARRC or both. 

Section 23. Requires agencies to proofread codified version of their rules for typo- 
graphical or technical errors. 

Section 24. Clarification. Appointment or designation of an administrative law 
judge may be made only by the Chief Administrative Law Judge as provided under 
Chapter 7 A and such appointments may not be made by other agencies. 

Section 25. Conforming amendment. [The title of the head of OAH is consistently 
referred to as Chief Administrative Law Judge.] 

Section 26. Effective dates. 



1988] SENATE JOURNAL 363 

(July 11, 1988— see Page 318) 

PROTEST SUBMITTED BY SENATOR JAMES D. McDUFFIE 
NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

July 11, 1988 

To: N.C. Senate and N.C. House Ethics Committee 

Under the N.C. State Senate, N.C. State House, N.C. Constitution, and the Rules 
of the U.S. House of Representatives, I hereby declare my right to a hearing on the 
propriety of the exclusion of my five local appropriation bills from the budget bill that 
was presented for consideration to the N.C. Legislature. (SB 1711, SB 1716, SB 
1717, SB 1757, and SB 1718) 

My contention is there was no official deadline to submit information to the Appro- 
priations Committee and/or Chairman and/or staff until a date was established. No 
such date was ever given to me or my staff, while other senators were given (the) a 
deadline by telephone. Indeed, the staff of Bill Drafting did not know of a deadline or 
an another unnumbered, unapproved legislative form. A form for disbursal to the 
State Budget Office is apparently the form requested. . .again, no deadline was given. 
News reports indicated six days ago that the Senate local appropriations bills were 
dead and not expected to be acted upon this year. 

As stated above, I wish the right to inspect records and call other senators and staff to 
give information. 

Sincerely, 

S/ James D. McDuffie 

Attachments (3) 

Sworn before me this 11th day of July, 1988 

S/Elaine W. Robinson 

Notary 

My Comm. Expires 11-14-88 



Attachment No. 1 

INTEROFFICE MEMORANDUM 

Date: 7-Jul-1988 12:53pm EST 

From: Martha H. Harris 

MARTHAH 

Dept: Bill Drafting 

Tel No: 733-6660 

TO: SENATOR MCDUFFIE (PAPER MAIL ) 

Subject: Special Appropriations 

At the time Myra Torain and I were receiving requests to draft bills for local discre- 
tionary funds this session, we often requested a name and phone number of a contact 
person in order to verify the legal existence of the entity that was to receive the funds. 
Our request for this information was for the purpose of drafting the bill and was not 



364 



SENATE JOURNAL 



[Second Session 



related to any request from Senator Plyler that similar information be given to him on 
forms supplied to the Senators. Indeed, at the time the bills were being drafted and 
introduced, neither Myra nor I knew about the forms that would be requested by Sena- 
tor Plyler 's office. 



Attachment No. 2 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 



June 15, 1988 



MEMORANDUM 



TO: 



SENATE MEMBERS 



FROM: 



AARON W. PLYLER, CHAIRMAN S/A.W.P. 
APPROPRIATIONS COMMITTEE 



RE: 



LOCAL BILL APPROPRIATIONS 



It appears that some funds will be available this session to members for local appro- 
priations bills. Please send me a list of the local bills you have introduced immediately 
upon receipt of vour bill drafts on the enclosed form. Hopefully these bills will total an 
approximate figure of $60,000. 

Please return a form for each bill introduced , supplying the information needed for 
each sub-section of that bill. Since it was decided that only five bills could be intro- 
duced by each member, please list entities and addresses for recipients which may be 
named within each bill for use of our budget office. 

* The State Budget Office has suggested that the process of fund distribution would be 
expedited, in those instances where funds were flowing through county or city govern- 
ments, if members would list the county and city manager as contact person to receive 
the forms and the check, rather than county commissioners. 



Attachment No. 3 
LEGISLATOR^ 
DISTRICT 



BILL NUMBER 



Jam?§ D, M^DyffJg 



.M. 



Various 



BILL NO. ORGANIZATION CONTACT PERSON/ADDRESS PHONE PURPOSE 



SB 1717 Lions Services. Inc. 



AMOUNT 



SB 1711 Mental Health Assoc. Charles Morgan 704/343- Gen. Operations $10,000. 

5601 Reddman Rd. , Char. 2600 

N.C. 28212 

SB 1716 Autistic Oppor. , Meek- Gena P. Bettis 704/892- Davidson, N.C. 

lenburg County Box 601 , Davidson, N.C. 0171 Operations $10,000. 

28036 



Charles Lamm 704/333- Operation Funds $ 10,000. 

1702 N. Brevard 1527 

Charlotte. N.C. 28202 



1988] 



SENATE JOURNAL 



365 



SB 1757 Vol. Fire Depts. 










Mecklenburg County 


Jerry Fox 


704/336- 


Operations & 


$ 22,000 




County Manager 


2472 


Equipment 






County Office Bldg. 










Charlotte, N.C. 28201 








SB 1718 Alzheimer's Disease 


Highway 73 
Davidson, N. C. 
28205 

Connie Escher 
2001 Vail Ave. 
Charlotte, NC 28207 


704/377- 
2206 


Operations 


$ 10.000 



' / 



366 



SENATE JOURNAL 



[Second Session 



BILLS AND RESOLUTIONS REMAINING 

IN THE SENATE TO BE TRANSFERRED 

TO ARCHIVES AND HISTORY 

1987 - 1988 SESSION 

The following bills and resolutions remained in the Senate upon adjournment sine 
die and shall be transferred to the Division of Archives and History of the Department 
of Cultural Resources upon adjournment sine die of the 1989 General Assembly in 
accordance with G.S. 120-37(f). 

NOTE: Certain bills ratified during the 1987 General Assembly cited various legis- 
lation which remained in committee. The ratified measures cited in parentheses below 
are found in the 1987 Session Laws as follows: 



SB 257— Ch. 1100 
SB 1840— Ch. 1094 
HB 1— Ch. 873 



HB 2— Ch. 876 
HB 781-Ch. 1101 
HB 1514— Ch. 738 
HB 1515— Ch. 830 



Bill No. 



Short Title 



HB 1516— Ch. 795 
HB 2641— Ch. 1086 
HB 2643— Ch. 1085 

Identical Bill/Note 



ALCOHOLIC 

7 

430 

431 

1389 



BEVERAGE CONTROL 



SB 
SB 
SB 
HB 



City Mergers and Liquor Permits 
ABC Technical Amendments 
Insolvent ABC Systems 
Proration of Bailment Surcharge 



AGRICULTURE — NONE 
APPROPRIATIONS 



SB 


1 


SB 


2 


SB 


14 


SB 


31 


SB 


34 


SB 


35 


SB 


36 


SB 


39 


SB 


40 


SB 


41 


SB 


50 


SB 


54 


SB 


56 


SB 


57 


SB 


58 


SB 


63 


SB 


66 


SB 


69 


SB 


70 


SB 


71 


SB 


72 


SB 


74 


SB 


76 


SB 


80 


SB 


86 


SB 


90 


SB 


95 


SB 


122 


SB 


124 


SB 


129 



Current Operations 1987-89 

Capital Improvements 1987-89 

Magistrate Longevity Pay 

Judicial Selection Study 

Fire Fighter's Unreduced Retirement 

Rural Econ. Dev. Funds 

3 Technical Colleges/Conversion 

Emergency Prison Funds 

Satellite Jail Appropriations 

Prison Omnibus Appropriations 

Parole Personnel Funds 

Commission's Study On Aging 

Alzheimer's Disease Study Commission 

Senior Games Funds 

Transportation Assistance Program 

Regional Growth Commission 

Comp. Fault- Apply To State Torts 

Secondary Road Adjustment 

Hwy 441 Welcome Center Funds 

Textbook Damage Fees/Uses 

Morehead Portland Funds 

Geography Based Curriculum Funds 

Cherry Hospital Funds 

OAH Building and Documents 

Catawba Arts Funds 

Hickory Landmarks Society Funds 

Health Promotion & Disease Prevention 

Western Corr. Center Chapel Funds 
Transfer Historic Hope Funds 
Pioneer Testing Funding Policy 



(Id-H 660/Ch. 135) 
(Id— S 906) 



(Id— H 1/Ch. 873) 
(Id— H 2) 

(see H 1) 

(Id-H 195) 

(Id— H 52/Ch. 503) 



(Id— H 156/see H 1) 
(Id-H 293) 

(Id— H 222) 

(Id-H 97) 

(Id-H 104) 



(Id-H 138) 
(see H 1515) 
(see H 1515) 
(Id-H 143) 



(Id— H 254) 



1988] 



SENATE JOURNAL 



367 



SB 


133 


SB 


134 


SB 


140 


SB 


147 


SB 


148 


SJR 


155 


SB 


156 


SB 


157 


SB 


159 


SB 


161 


SB 


163 


SB 


168 


SB 


169 


SB 


173 


SB 


176 


SB 


177 


SJR 


178 


SB 


185 


SB 


188 


SB 


189 


SB 


190 


SB 


191 


SB 


192 


SB 


194 


SB 


197 


SB 


198 


SB 


199 


SB 


201 


SB 


203 


SB 


204 


SB 


209 


SB 


211 


SB 


220 


SB 


223 


SB 


226 


SB 


228 


SB 


233 


SB 


235 


SB 


238 


SB 


247 


SB 


248 


SB 


249 


SB 


250 


SB 


252 


SB 


255 


SB 


268 


SB 


270 


SB 


271 


SB 


272 


SB 


274 


SB 


275 


SB 


279 


SB 


281 


SB 


282 


SB 


283 


SB 


289 


SB 


291 


SB 


295 


SB 


297 



Domestic Violence Center Funds 

Autistic Adults Funds 

State Attorney's Fee/Allocation 

Funds for Park Employee Uniforms 

Historical Materials Funds 

Child Mental Health/Subst Abuse Plan 

Emergency Employment Act 

Movie Industry Study Commission 

Roanoke-Chowan Technical College Funds 

Water Supply Penalty Funds/Uses 

Keyauwee Center Capital Funds 

Roanoke-Chowan Workshop Funds 

Historic Preservation Funds 

Industrial Commissioners' Salaries 

Classification System Study 

State Employee Health Clinic 

Continue Leg. Research/State Personnel 

Address N.C. Illiteracy 

No Pass/No Drive 

Developmental Disabilities Services 

Mental Health Study Continued 

Watercraft Center Funds 

Teacher Recruitment Program 

Randleman Lake Project 

Martin Community College Funds 

Library Construction and Aid Funds 

Works of Art in State Buildings 

Highway Patrol Walkie-Talkie Funds 
Interest Rate Regulation Study Cont. 
Funds For Parks Radio System 
TDA Functions Expanded, Funds 
Campbell Folk School Funds 
Antique Exhibition Center Funds 
Haz. Waste in Schools/Cleanup Fund 
Underground Tank Clean-Up Fund 
Aids Prevention/Education Program 
United Cerebral Palsy's Funds 
Jockeys Ridge/Continuing Approp. 
Cumberland Shelter Care Funds 
Governor's School Funds 
Parent-to-Parent Funds 
Special Ed. Hearings Process 
Modified Special Ed. Textbooks 
Textbooks for Handicapped 
Animal Disease Funds 
Thomas Wolf Museum/Center Funds 
Gaston College/Lincoln School Funds 
Mental Health Funds 
Willie M. Local School Funds 
Tidewater Swine Research Funds 
S.E. Family Violence Funds 
Migrant Health Care Funds 
Cleveland Mental Health Funds 
Dept. Correct. Chaplains Funds 
Raleigh Farmers Market Funds 
Historic Rosedale Funds 
Agricultural Research Land Funds 
State Prop. Study Continued 
Elizabeth City State Funds 



(Id— H 114) 



(Id— H 210) 

(Id— H 255) 

(see H 1) 
(Id— H 259) 

(see H 1515) 
(Id-H 260) 
(Id— H 250) 

(Id-H 248) 
(Id-H 249) 
(Id-H 247/see H 1) 



(Id-H 266) 
(see H 1) 
(Id-H 264) 

(Id— H 317/see H 1) 

(Id-H 326) 

(Id-H 614) 

(Id-H 274) 

(see H 1515) 
(see H 1) 
(Id-H 257) 
(Id-H 679) 
(see H 1515) 



(Id— H 490) 
(Id-H 346) 



(Id-H 365) 
(Id-H 330) 
(Id-H 364) 
(Id-H 361) 
(Id-H 362) 

(Id— H 413) 



(Id-H 384/see H 1) 



(Id-H 383) 



(Id— H 446) 
(Id-H 452) 



368 



SENATE JOURNAL 



[Second Session 



SB 298 Learning by Satellite 



SB 


306 


SB 


307 


SB 


308 


SB 


309 


SB 


312 


SB 


325 


SB 


326 


SB 


331 


SB 


334 


SB 


335 


SB 


336 


SB 


339 


SB 


340 


SB 


342 


SB 


349 


SB 


353 


SB 


354 


SB 


355 


SB 


356 


SJR 


357 


SB 


359 


SJR 


360 


SB 


361 


SJR 


362 


SB 


363 


SB 


364 


SB 


365 


SB 


367 


SB 


368 


SB 


369 


SB 


371 


SB 


373 


SB 


376 


SB 


377 


SB 


378 


SB 


379 


SB 


380 


SB 


381 


SB 


382 


SB 


383 


SB 


385 


SB 


388 


SB 


391 


SB 


392 


SB 


395 


SB 


398 


SB 


418 


SB 


424 


SB 


426 


SB 


429 


SB 


450 


SB 


453 


SB 


469 


SB 


470 


SB 


477 


SB 


485 


SB 


497 


SB 


498 



Manuf. Housing Zoning and Taxation 

Mission Air Funds 

Traffic Control Contingency 

Frankie Lemmon School Funds 

Early Education Program/Study 

Strengthen Teacher Education 

Agricultural Export Marketing Funds 

Wright Brothers Museum Funds 

Abused Children Funds 

N.C. Symphony Funds 

Arts Council Funds 

Moore Children's Center Funds 

Agric. Research Storage Bldgs. Funds 

Bertie Enrichment Program 

Brevard Music Center Funds 

Pack Place Funds 

Weaverville/Lake Louise Funds 

Summer School Programs 

State Employees' Incentive Pay 

LRC- Wellness Prg. /State Employees 

Low-level Waste Study 

LRC-Study Day Care 

Murray's Mill/Bunker Hill Funds 

LRC-Study Mgt. Solid Waste 

Agri. Public Information Funds 

Domestic Agri. Marketing Funds 

NC Council of Women Funds 

Juvenile Code Revision 

Travel and Tourism Funds 

Differentiated Pay/Schools 

Inmate Substance Abuse Program 

N.C. Aquariums Funds 

Onslow Council on Aging Funds 

Onslow Peers Program Funds 

Sand Castle Children's Home Funds 

Onslow Co. Museum Funds 

Sickle Cell Assn. Funds 

Onslow Co. Arts Council Funds 

Onslow Hospice Funds 

Onslow Women's Center Funds 

Marine Fisheries Hatchery Funds 

Pre-school Screening Funds 

Family Support Act 

Public Health Training Funds 

Veterans Cemetery Study 

Diversified Opportunities Funds 

Technology Course Demo. Program 
State Parks Study Commission 
Bailey Doctor Museum Funds 
Community College Conversions 
TCI Parking Lot Funds 
Greene County Satellite Funds 
Adopt- A-Trail Program 
Funds For Trails Coordinators 
N.C. Dance Theatre Funds 
Boll Weevil Funds 

Fuel Marketing Act Enforcement Funds 
Planning Funds/NCSU Agric. Bldg. 



(Id— H 418) 

(Id— H 507/Ch. 805) 



(see H 1515) 
(see H 1) 



(Id-H 491) 
(Id-H 471) 



(see H 1515) 

(Id-H 542) 

(Id— H 543) 

(Id-H 557/see H-1515) 

(Id-H 510/Ch. 229) 

(see H 1) 

(see H 1) 

(Id-H 595/see H 1) 

(Id-H 706/see H 1515) 

(see H 1) 

(Id— H 822) 
(see H 1515) 



(Id— H 563) 



(see H 

(see H 

(see H 

(see H 

(see H 

(see H 

(see H 

(see H 



1515) 
1515) 
1515) 
1515) 
1515) 
1515) 
1515) 
1515) 



(Id— H 640) 
(Id-H 603) 



(Id-H 646) 

(Id-H 680) 
(see H 1515) 
(Id-H 721) 
(Id-H 756) 
(Id-H 757) 



1988] 



SENATE JOURNAL 



369 



SB 


499 


SB 


504 


SB 


509 


SB 


516 


SB 


521 


SB 


523 


SB 


531 


SB 


532 


SB 


533 


SB 


534 


SB 


537 


SB 


538 


SB 


542 


SB 


549 


SB 


556 


SB 


570 


SB 


571 


SB 


574 


SB 


600 


SB 


606 


SB 


608 


SB 


617 


SB 


619 


SB 


620 


SB 


624 


SB 


633 


SB 


639 


SB 


641 


SB 


644 


SB 


645 


SB 


646 


SB 


651 


SB 


652 


SB 


655 


SB 


659 


SB 


665 


SB 


670 


SB 


675 


SB 


681 


SB 


683 


SB 


690 


SB 


694 


SB 


695 


SB 


699 


SB 


702 


SB 


703 


SB 


707 


SB 


715 


SB 


716 


SB 


720 


SB 


724 


SB 


725 


SB 


726 


SB 


727 


SB 


728 


SB 


729 


SB 


730 


SB 


732 


SB 


735 



Community College Anniv. Funds 

Agricultural Research Irrigation Funds 

LRC Safe Roads Act Study 

Employee Grievance/Counsel Provided 

Protective Services Specified 

Florence Crittenton Funds 

State Fraud/Abuse Hotline 

Land and Capital Funds for Parks 

State Parks Fees 

State Parks Trust Fund 

Ass't Principal/Secretary Funds 

State Funds for Migrant Education 

Prop. Schools Ser. Program Funds 

N.C. Medical Database Commission Funds 

Court Cost Increase 

Increase Farmworker Council 

Historic Properties Management Pilot 

Auditor's Office Funds 

Fish Disease Research Funds 
Carolina Clean Drinking Water Fund 
Commodity Distribution Funds 
William C. Lee Museum Funds 
Sanford's Old City Hall Funds 
Wilson Community Theater Funds 
Grassroots Science Funds 
Relocating Onslow Museum Funds 
Franklin Courthouse Elevator Funds 
Old Depot Association Funds 
Mediation/Services Funds 
Sandlee Care, Inc., Funds 
Lee County Industries Funds 
Tideland Mental Health Funds 
Eastern Job-Creating Funds 
Guilford Tech Complex Funds 
N.C. Institute of Medicine Fund 
Capital Area Soccer Funds 
Tuition /Refugees and Immigrants 
VISIONS, Inc., Funds 
Free Tuition/Certain Dependents 
Fuquay Concession Stand Funds 
Multi-purpose Education Bldg. Funds 
No Standing on School Buses 
Gaston Residential Services Funds 
Students-at-Risk Program 

Law Officer Ret. Benefit Coordination 

State/Reimbursement for Meals 

18-Year Old Purchase of Alcoholic Bev. 

Old Salem Funds 

Leg. Retirement System Changes 

Local Retirement Formula Increase 

UNC Land Receipts 

Headlights On During Inclement Weather 

Local Budget Study Comm. 

UNC Purchase Auth. 

N.C.S.U. Centennial Campus Trust Fund 

UNC-CH/ECU Capital Improvements 

UNC Capital Improvement Project Auth. 

N.C. Racing Commission 

Pilot Program/Activities Facilitator 



(Id— H 828) 
(see H 1) 



(Id— H 874) 
(Id— H 872) 
(Id— H 873) 
(Id— H 1744) 



(Id— H 705) 
(Id— H 616) 



(see H 1515) 
(see H 1515) 



(Id— H 888/see H 1515) 
(see H 1515) 
(see H 1515) 
(see H 1515) 



(Id— H 518) 
(Id— H 947) 
(see H 1515) 



(see H 1515) 
(see H 1515) 



(Id— H 1072/S— 800) 



(Id— H 990/Ch. 790) 
(Id— H 1050/Ch. 803) 
(Id— H 1051/Ch. 806) 



370 



SB 


737 


SB 


745 


SB 


750 


SB 


767 


SB 


778 


SB 


787 


SB 


794 


SB 


798 


SB 


799 


SB 


801 


SB 


802 


SB 


803 


SB 


804 


SB 


806 


SB 


809 


SB 


814 


SB 


831 


SJR 


855 


SJR 


856 


SB 


857 


SB 


858 


SB 


859 


SB 


860 


SB 


871 


SJR 


874 


SB 


877 


SJR 


880 


SB 


881 


SB 


882 


SB 


883 


SB 


884 


SB 


885 


SB 


886 


SB 


887 


SB 


888 


SB 


889 


SB 


890 


SB 


891 


SB 


892 


SB 


893 


SB 


894 


SB 


895 


SB 


896 


SB 


897 


SB 


898 


SB 


899 


SB 


900 


SB 


901 


SB 


902 


SB 


903 


SB 


904 


SB 


905 


SB 


907 


SB 


908 


SB 


909 


SB 


910 


SB 


911 


SB 


912 



SENATE JOURNAL 

Property Appraisal Study Commission 
Surrogate Parenthood Study 
National Heritage Trust Funds 
National Guard Service for Pension 
Pilot Custody Mediation Programs 
Children and Youth Commission 
Job Training/Mature Women 
Retirement Compensation Definitions 
Vesting and Disability Technical Amend. 

Survivor's Benefits Enhanced 

Clarify Disability Statues 

Local Retirement Conforming Changes 

Pro Rata Retirement Adjustments 

Neuse Phosphate Discharges 

Retirement Rollovers 

Voc. Ed. /Employment Demand 

Aquaculture Planning Act 

LRC Study Interbasin Transf/Water 

and Instream Flows 
Rest Home Care/LRC Study 
LRC Ombudsmen Study 
Disability Income Plan 
Legislative and Judicial Re-Retirement 
Retirement Benefits at Age 70 1/2 
Adoptions/Surrogate Parenthood Study 
LRC Study Historic Preservation 
Tax Collector/Auto Tag Study 
LRC Volunteer Network Study 
Seafood Production Study 
Housing Trust Fund/Oil Overcharge 
School Office Personnel Funds 
Edenton Hatchery Funds 
ECU Microelectronic Funds 
NCMH Advance Planning Funds 
NCMH Facility Funds 
Osteoporosis Study/Funding 
Coastal College Capital Funds 
Economic Education Program Funds 
Emmanuel Center Funds 
Nash Co. Preschool Funds 
Nash Tech Capital Funds 
School for Deaf Staff Funds 
Warren County Fire Plow Funds 
TCA Haw River Campus Funds 
Magistrates' Education Incentive 
Randolph Tech Capital Funds 
Edgecombe/Nash Mental Funds 

Lifeguardianship Council Funds 
Radio Reading Services Funds 
Group Home Program Funds 
Genetic Disorders Funds 
Adult Cystic Fibrosis Funds 
Land Records Budget Transfer 
Aberdeen Architectural Survey Funds 
Beaufort County Forest Headquarters 
Cherokee County Drinking Water Fund 
Eastern Music Festival Funds 
Land Records Management Funds 
Charlotte Hawkins Brown Funds 



[Second Session 
(see H 1) 

(see H 1) 



(see H 1) 

(see H 1) 
(see H 1) 
(Id— H 1271) 



(see H 1) 

(Id— H 1257/see H 1) 

(see H 1) 

(see HI) 

(see HI) 

(Id— H 1312) 

(Id— H 1337) 



(see H 1515) 
(see H 1515) 
(Id-H 1341) 

(see H 1515) 

(see H 1515) 
(Id-H 1352) 



1988] SENATE JOURNAL 371 

Mt. Pleasant Lake and Dam Funds (see H 1515) 

Martin Courthouse Funds 

Distinguished Professor Funds (see H 1515) 

Asheville Chamber Music Funds (see H 1515) 

Emergency School Facility Fund 

School Salaries/Advanced Degrees 

Add Four Special Judges 

Developmental Evaluation Center Funds 

Greensboro Cultural Complex Funds 

Greensboro Arboretum Funds (see H 1515) 

AFDC/Two-Parent Families (Id— H 1387) 

Medicaid/Pregnant Women/Children (Id— H 1385) 

Medicaid/AFDC Eligibility Standards 

Medicaid Income Limits/Elderly/Disabled (Id— H 1383) 

Eligibility Worker Funds (Id— H 1384) 

Medicaid/19-21 Year Olds (Id— H 1382) 

Indigent Health Care Comm'n/Funds (Id— H 1388) 

Working Family Funds (Id— H 1386) 

Wildlife Timber Deed Funds 

Orange/Person/Chatham Mental Health Funds 

Sandhills Center Funds 

Geodetic Survey Funds 

NCSU Ag. and Life Science Funds 

State Ports Master Plan Funds (Id— H 1372) 

State Ports/Morehead Funds 

Christmas Tree Marketing Funds 

Madison Rape Crisis Funds (see H 1515) 

Santeetlah Center Funds (see H 1515) 

Nags Head Woods Funds (see H 1515) 

Edgecombe Forest Fire Equipment Funds 

Southeastern Radio Reading Funds 

Recreational Vehicle Dump Facility Funds 

Tar Heel Junior Historian Funds (see H 1515) 

Old Greensborough Pres. Soc. Funds 

Lead Teacher Pilot Program 

Governor's Physical Fitness Funds 

Corporate Law Study Comm (Id— H 1409) 

Stedman-Wade Health Funds (see H 1515) 

Early Intervention Funds 

Cabarrus County Firemen's Assn. Funds 

Piedmont Res. Development Ctr. Funds (see H 1515) 

Cabarrus Workshop, Inc., Funds (see H 1515) 

Domestic Violence Crisis Funds (see H 1515) 

Veterans Home Study 

Winston-Salem YWCA Funds (see H 2/H 1515) 

Sawtooth Design Center Funds (see H 1515) 

Winston-Salem Child Guidance Funds (see H 1515) 

"First for Freedom" Funds (see H 1515) 

Davidson Museum Funds (see H 1515) 

Look Up Gaston Funds (see H 1515) 

Extend Jobs and Growth Comm 

Durham Arts Complex (see H 1515) 

Martin Courthouse Funds-2 (see H 1515) 

Northampton Museum Funds (see H 1515) 

Winton Senior Citizen Center Funds (see H 1515) 

Halifax 4-H Day Camp Funds (see H 1515) 

Gates County Historical Society Funds (see H 1515) 

Union County Hospice Funds (see H 1515) 

Winston-Salem Symphony Funds (see H 1515) 



SB 


913 


SB 


914 


SB 


915 


SB 


916 


SB 


917 


SB 


918 


SB 


919 


SB 


920 


SB 


921 


SB 


922 


SB 


923 


SB 


924 


SB 


925 


SB 


926 


SB 


927 


SB 


928 


SB 


929 


SB 


930 


SB 


931 


SB 


932 


SB 


933 


SB 


934 


SB 


935 


SB 


936 


SB 


937 


SB 


938 


SB 


939 


SB 


940 


SB 


941 


SB 


942 


SB 


943 


SB 


945 


SB 


946 


SB 


947 


SB 


948 


SB 


949 


SB 


950 


SB 


951 


SB 


952 


SB 


953 


SB 


954 


SB 


955 


SB 


956 


SB 


957 


SB 


959- 


SB 


960 


SB 


961 


SB 


962 


SB 


963 


SB 


964 


SB 


965 


SB 


966 


SB 


967 


SB 


968 


SB 


969 


SB 


970 


SB 


971 


SB 


972 


SB 


973 



372 



SENATE JOURNAL 



[Second Session 



SB 


974 


SB 


975 


SB 


976 


SB 


977 


SB 


978 


SB 


979 


SB 


980 


SB 


981 


SB 


982 


SB 


983 


SB 


984 


SB 


985 


SB 


986 


SB 


987 


SB 


988 


SB 


989 


SB 


990 


SB 


991 


SB 


992 


SB 


993 


SB 


994 


SB 


995 


SB 


996 


SB 


997 


SB 


998 


SB 


999 


SB 


1000 


SB 


1001 


SB 


1002 


SB 


1003 


SB 


1004 


SB 


1005 


SB 


1006 


SB 


1007 


SB 


1008 


SB 


1009 


SB 


1010 


SB 


1011 


SB 


1012 


SB 


1013 


SB 


1014 


SB 


1015 


SB 


1016 


SB 


1017 


SB 


1019 


SB 


1020 


SB 


1021 


SB 


1022 


SB 


1023 


SB 


1024 


SB 


1025 


SB 


1026 


SB 


1027 


SB 


1028 


SB 


1029 


SB 


1030 


SB 


1031 


SB 


1032 


SB 


1033 



Mauney Memorial Library Funds 
Lowell Recreation/Beautification 
Hospice of Gastonia Funds 
Cherryville Recreation Funds 
Schiele Museum Funds 
Dallas Capital Projects Funds 
Cramerton Community Center 
Cramerton Fire Truck Funds 
Gaston Museum Funds 
WCQS-FM Funds 
Falcon Town Hall Funds 
Fayetteville Human Service Funds 
Cumberland Sickle Cell Funds 
Southeastern Cumberland Services Funds 
Cape Fear Teen Center Funds 
Youth Suicide Study Commission/Funds 
Legislative Tax Study Funds 
Waynesborough Park Funds 
Greene Ed. Foundation Funds 
Carolina Eye Foundation Funds 
Rainy Day Fund 

Winston-Salem Rescue Squad Funds 
Kings Mountain Pool Funds 
Cleveland Abuse Prevention Funds 
Child Abuse Prevention Funds 
Cleveland Hospice Funds 

Western Carolina Center Funds 

Kings Mt. Rescue Squad Funds 

Greene Industrial Dev. Funds 

Lee County Hospice Funds 

Delta Arts Center Funds 

Winston-Salem Little Theatre Funds 

Winston-Salem Status of Women Funds 

Winston-Salem Arts Funds 

Community College Funds 

Special Textbook Production Funds 

Mint Museum Funds 

UNC-Asheville Funds 

LRC Building Maintenance Study 

Micro Community Building 

Johnston Road Sign Funds 

Sampson Tech. College Funds 

Sweet Potato Marketing Funds 

Art Museum Landscape Funds 

Bicentennial/Cool Springs Funds 

Women's Resource Center Funds 

Regional Comm. Coll. Redefined 

Asheville Community Theatre Funds 

Opportunity Corporation Funds 

Jewish Studies Center Funds 

Gaston Battered Spouse Shelter Funds 

Ramseur's Mill Funds 

P.A.T.H., Inc. Funds 

Orange Street Restoration Funds 

State/Regional Arts Center 

Hudson Prison Chapel Funds 

Caldwell Half-way House Funds 

Caldwell Senior Center Funds 

Historic Preservation Funds 



(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(Id-H 961/(see H 


1515)) 


(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1) 




(see H 1515) 




(see H 1515) 




(Id— H 1517) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515/H 2) 




(see H 1515) 


■' ' 


(see H 1515/H 2) 




(Id-H 1592) 




(see H 1) 




(see H 1515) 




(Id-H 1606/see H 


1) 


(see H 1515) 





(see H 1515) 

(see H 1515) 

(see H 1515) 

(see H 1515) 

(Id-H 1557/see H 1515) 

(see H 1515) 

(see H 1515) 

(see H 1515) 

(see H 1515) 

(see H 1515) 

(see H 1515) 

(see H 1515) 

(see H 1515) 



1988] 



SENATE JOURNAL 



373 



SB 1034 Marion Airport Funds 

SB 1035 N.C. Traditional Pottery Museum Funds 

SB 1036 Rutherford Arts Council Funds 

SB 1037 Cleveland Arts Council Funds 

SB 1038 Lincoln Cultural Center Funds 

SB 1039 Rutherford Vocational Workshop Funds 

SB 1040 Tryon Genealogical Society Funds 

SB 1041 Schiele Museum Renovation Funds 

SB 1042 Tobacco Museum Funds 

SB 1043 Clinton/Sampson Agri-civic Funds 

SB 1044 Outreach Day Care Funds 

SB 1045 Sampson Comm. Theater Funds 

SB 1046 Benson Museum Funds 

SB 1047 Sampson Schools' Arts Funds 

SB 1048 Clinton School Funds 

SB 1049 Atkinson Library Access Funds 

SB 1050 Randolph Hospice Funds 

SB 1051 Chapel Hill/Carrboro Shelter Funds 

SB 1052 Family Crisis Center Funds 

SB 1053 Chatham Courthouse Fund 

SB 1054 Developmentally Disabled Adult Funds 

SB 1055 JOCCA Funds 

SB 1056 Certificate of Need Simplification 

SB 1057 Cumberland Work Release Center Funds 

SB 1058 Schiele Museum Survey Funds 

SB 1059 Gaston-Lincoln ADAP Funds 

SB 1060 Lincoln Arts Council Funds 

SB 1061 Odyssey of The Mind Funds 

SB 1062 Jordan Water Funds 

SB 1063 Martin County Courthouse Funds 

SB 1064 Flynn Houses Funds 

SB 1065 Environmental Health Funds 

SB 1066 Weymouth Nature Preserve Funds 

SB 1067 Malcolm Blue Hist. Soc. Funds 

SB 1068 Hunter Safety Study Commission 

SB 1069 On-campus/Prerelease Funds 

SB 1070 Land Records Program 

SB 1071 School Psychologist Raise 

SB 1072 Hamilton Recreation Center Funds 

SB 1073 Gallery Theatre Funds 

SB 1074 Murfreesboro Historical Assoc. Funds 

SB 1076 Special Day Care Funds 

SB 1077 Child Care Network Funds 

SB 1078 Orange Art Center Funds 

SB 1079 Moore Natural Areas Funds 

SB 1080 Raleigh Historical Garden Funds 

SB 1081 Performing Arts Fund 

SB 1082 Moore Respite Care Funds 

SB 1083 Relocate Abandoned Cemeteries 

SB 1084 Pitt Comm. Coll. Funds 

SB 1087 Scotland Neck Gymnasium Funds 

SB 1088 Orange Sheltered Workshop Funds 

SB 1089 Orange Library Funds 

SB 1090 Sandhills Hospice 

SB 1091 Bethel Library Funds 

SB 1092 Buncombe Drug Program 

SB 1093 Turkey Town Improvements 

SB 1094 Johnston Fire Dept. Funds 

SB 1095 SAFE Funds 



(Id— H 1447/see H 


1515) 


(Id-H 1534/see H 


1515) 


(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(Id— H 1450) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(Id— H 1451/see H 


1515) 


(Id-H 1453/see H 


1515) 


(see H 1515) 




(see H 1515) 




(see H 1515) 




(Id-H 1607/see H 


1515) 


(see H 1515) 




(see H 1515) 




(Id-H 1716) 




(Id-H 1586) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(Id-H 1711) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(see H 1515) 




(Id-H 1075) 




(see H 1515) 




(see H 1515) 





374 



SENATE JOURNAL 



[Second Session 



SB 


1096 


SB 


1097 


SB 


1100 


SB 


1101 


SB 


1102 


SB 


1103 


SB 


1104 


SB 


1105 


SB 


1106 


SB 


1107 


SB 


1108 


SB 


1109 


SB 


1110 


SB 


nil 


SB 


1112 


SB 


1113 


SB 


1114 


SB 


1115 


SB 


1116 


SB 


1117 


SB 


1118 


SB 


1119 


SB 


1120 


SB 


1121 


SB 


1122 


SB 


1123 


SB 


1124 


SB 


1125 


SB 


1126 


SB 


1127 


SB 


1128 


SB 


1129 


SB 


1130 


SB 


1131 


SB 


1132 


SB 


1133 


SB 


1134 


SB 


1135 


SB 


1136 


SB 


1137 


SB 


1138 


SB 


1139 


SB 


1140 


SB 


1141 


SB 


1142 


SB 


1143 


SB 


1144 


SB 


1145 


SB 


1146 


SB 


1147 


SB 


1148 


SB 


1149 


SB 


1150 


SB 


1151 


SB 


1152 


SB 


1153 


SB 


1154 


SB 


1155 


SB 


1156 



Duplin Agri-business Council Funds 
Adkin High School Funds 

Lenoir Historical Restoration Funds 

Kinston/ Lenoir Air Show 

Black Artists' Guild Funds 

Jones County Senior Citizens Funds 

Kinston Harvey Garden Funds 

Anita Stroud Foundation Funds 

Sickle Cell Disease-Charlotte Funds 

Bethlehem Center Funds 

N.C. Turkey Festival Funds 

Rowland Bldg. Funds 

Maxton Day Care Funds 

Lumbee Regional Dev. Assn. Funds 

Carolina Civic Center Funds 

Indian Cultural Center Funds 

Raeford Fire Department Funds 

Indian Scholarship Funds 

Fountain Rural Fire Funds 

Parmele Senior Citizen Funds 

Bell Arthur First Responders 

LRC/Government Publications Study 

Funds for Economic Devel. Oriental 

Pamlico County Parks and Recreation Funds 

Pamlico Ath. Fac. & Band Uniform Funds 

Pamlico Cnty. Fireman's Funds 

Pamlico Cnty. Senior Citizens Funds 

Pamlico Rescue Squad Funds 

Carteret Band/Athletic Funds 

Beaufort Historical Assoc. Funds 

Carteret County Vol. Fire Depts. Funds 

N.C. Seafood Festival Funds 

Carteret Co. Parks and Rec. Funds 

Carteret Co. Senior Citizens Funds 

Craven/Pamlico/Carteret Library Funds 

Craven County Education Funds 

Harlowe Community Ctr. Funds 

Havelock Parks and Recreation Funds 

Craven County Parks and Recreation Funds 

Vanceboro Parks and Recreation Funds 

Craven Cnty. Senior Citizens Funds 

Wake County Arts Council Programs 

Guilford Youth Inpatient Funds 

Hayes Taylor YMCA Funds 

Whitsett Comm. Center Funds 

United Negro College Funds 

Bennett College Alumnae Funds 

Triad Sickle Cell Funds 

VFW Housing Project Funds 

Greensboro Crime/Delinquency Funds 

Durham Housing Youth Funds 

Durham YWCA Fire Funds 

JOCCA Senior Funds 

Granville Senior Citizens' Funds 

Creedmoor Roof Funds 

Operation Breakthrough Funds 

Person Co. Memorial Hospital Funds 

John Avery Boy's Club Funds 

Central Children's Home Funds 



(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(Id- 


-H 


1694) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


t515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 



1988] SENATE JOURNAL 375 

Special Ed. Funds/Internal Caps 

Lakeland Cultural Arts Funds 

Charles Williamson Bar 

Choanoke Area Development Funds 

Wayne County Teacher Awards 

Goldsboro City Teacher Awards 

Greene County Teacher Awards 

Cumberland Mental Health Funds 

NCSU Forestry Biotech. Funds 

Albemarle ADAP Transportation Funds 

Public Historic Works Funds 

Commercial Fisheries Dev. Funds 

Roanoke Handicapped Services Funds 

Elizabeth II Landscaping Funds 

Washington County Fire Dept. Funds 

LRC/Ferries Study 

Creswell Prison Drainage System Funds 

Aquaculture Funding Act 

Halifax 4-H Camp Funds 

Halifax County School Libraries Funds 

Mars Hill College Funds 

Dev. Disabled/Hearing Impaired Funds 

Yancey Cnty. Human Resources Ctr. Funds 

McDowell Recreation Center Funds 

Eliada Home Funds (Id— H 1922/see H 1515) 

First Step Farm Funds 

Housing for Mentally 111 Funds 

Black Mountain Capital Improvement 

Sampson County National Guard Armory Funds 

Salemburg Improvements Funds 

ECU Program Funds 

Highway Study Commission 

Penn House Center Funds 

Higgins Agricultural Center Funds 

Ashe Public Library Funds 

Appalachian Art Center Funds 

Henderson Co. Dispute Settlement Center 

Western Carolina University Funds 

Waynesville Housing Authority Funds (see H 1515) 

Valleytown Cultural Arts Funds (see H 1515) 

Western Carolina Center Funds 

Future Teacher Program Funds 

Graham County Activity Bus Funds 

Child Abuse Treatment Funds 

Mountain Youth Resources, Inc., Funds 

WCU Adult/ Illiteracy Funds 

Tabor City Committee of 100 Funds (see H 1515) 

East Arcadia Gym Restoration (see H 1515) 

Chadbourn Committee of 100 Funds (see H 1515) 

Lake Tabor Bird Sanctuary Funds (see H 1515) 

Tabor City Chamber Funds (see H 1515) 

Bladen 4-H Building Funds 

Bolton Community Funds (see H 1515) 

Greater Whiteville Chamber Funds (see H 1515) 

Beaver Dam Fire Dept. Funds (see H 1515) 

Bladenboro Community Building 

Chadbourn Community Projects Funds (see H 1515) 

Bladen Springs Community Buildin 

Bladen Improvement Assn. Funds (see H 1515) 



SB 


1158 


SB 


1159 


SB 


1160 


SB 


1161 


SB 


1162 


SB 


1163 


SB 


1164 


SB 


1165 


SB 


1166 


SB 


1168 


SB 


1169 


SB 


1170 


SB 


1171 


SB 


1172 


SB 


1173 


SB 


1174 


SB 


1175 


SB 


1177 


SB 


1178 


SB 


1179 


SB 


1180 


SB 


1181 


SB 


1182 


SB 


1183 


SB 


1184 


SB 


1186 


SB 


1187 


SB 


1188 


SB 


1189 


SB 


1190 


SB 


1191 


SB 


1192 


SB 


1193 


SB . 


1194 


SB 


1195 


SB 


1196 


SB 


1197 


SB 


1198 


SB 


1199 


SB 


1200 


SB 


1201 


SB 


1202 


SB 


1203 


SB 


1204 


SB 


1205 


SB 


1206 


SB 


1207 


SB 


1208 


SB 


1209 


SB 


1210 


SB 


1211 


SB 


1212 


SB 


1213 


SB 


1214 


SB 


1215 


SB 


1216 


SB 


1217 


SB 


1218 


SB 


1219 



(see H 


1515) 


(see H 


1515) 


(see H 


1515) 


(see H 


1515) 


(see H 


1515) 


(see H 


1515) 


(see H 


1515) 


(see H 


1515) 


(see H 


1515) 


(see H 


1515) 


(see H 


1) 


(see H 


1) 


(see H 


1515) 


(see H 


1515) 


(see H 


1515) 


(see H 


1515) 


(see H 


1515) 


(Id-H 


1922/see 


(Id-H 


1932) 


(Id-H 


1930) 


(Id-H 


1726) 


(see H 


1) 


(see H 1515) 


(see H 


1515) 


(see H 


1515) 


(see H 


1515) 



376 SENATE JOURNAL 

SB 1220 Bladenboro Community Building 

SB 1221 Harmony Hall Restoration 

SB 1222 Bladen County Fire Equipment Funds 

SB 1223 Greater Fair Bluff Chamber Funds 

SB 1224 Union County Hospice Program 

SB 1225 Troy Park Expansion Funds 

SB 1226 Rockingham Recreation Foundation Funds 

SB 1227 Dobbin Heights Park Funds 

SB 1228 Scotland County Job Program Funds 

SB 1229 Holocaust Council Funds 

SB 1230 Alcohol Studies Endowment Funds 

SB 1231 Erwin Center Funds 

SB 1232 TEACCH/Job Coach Funds 

SB 1233 Autistic Adults and Children Funds 

SB 1234 State Employee Assistance Program 

SB 1235 Durham Dispute Settlement Funds 

SB 1236 Lenoir Boy's Club Funds 

SB 1237 UNC Advance Planning Funds 

SB 1238 LaGrange Library Funds 

SB 1239 Lenoir School Bands Funds 

SB 1240 Eastern Minority Dev. Funds 

SB 1242 Cape Fear Theatre Funds 

SB 1243 Fayetteville Arts Facility Funds 

SB 1244 Fayetteville Human Services Funds 

SB 1245 Cape Fear Museum Funds 

SB 1246 Lee County Family Violence Funds 

SB 1247 Tax Fairness Study 

SB 1248 Small Farm Marketing Funds 

SB 1249 DHR Teacher Aide Benefits 

SB 1250 Arts Together Funds 

SB 1251 Wake Rehabilitation Services Funds 

SB 1252 Western Medical Center Funds 

SB 1253 Angier Senior Citizens Funds 

SB 1254 Garner Recreation Funds 

SB 1255 Harnett Uplift Operation Funds 

SB 1256 Historic Bethabara Park Funds 

SB 1257 Nature Science Center Funds 

SB 1258 UNC Supplemental Funds 

SB 1259 Public Educ. Supplemental Funds 

SB 1260 Chatham Aging Funds 

SB 1261 Chatham Hospice Funds 

SB 1262 Jordan Law Enforcement Funds 

SB 1263 Asheboro Arts Funds 

SB 1264 Chatham Domestic Violence Funds 

SB 1265 East Side Day Care Service Funds 

SB 1266 Brooks Day Care Funds 

SB 1267 Randolph Mental Health Crisis 

SB 1268 Coastal Women's Shelter Funds 

SB 1269 Marion Airport Funds 

SB 1270 Career Development/Gov. Oper. Study 

SB 1271 Strawberry Festival Funds 

SB 1272 Elizabethtown Revitalization Project 

SB 1273 Tabor City Community Center 

SB 1274 Clarkton Historical Society Funds 

SB 1275 Columbus Agricultural Building Funds 

SB 1276 Pitt Crisis Intervention Funds 

SB 1278 Alexander Prison Chapel Funds 

SB 1279 UNC/Greensboro Land Funds 

SB 1280 Rockingham Jr. High School Funds 







[Second Session 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) ! 


(see 


H 


1515) v:., V.:: 


(see 


H 


1515) : a, 


(see 


H 


1515) ■- ; %: 


(see 


H 


1515) 


(see 


H 


1) ■ ,.- 


(see 


H 


1515/H 2) 


(see 


H 


1515) ! 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515/H 2) 


(see 


H 


1515) 


(see 


H 


1515) r , 


(see 


H 


1515) 


(Id- 


-H 


1713) 


(Id- 


-H 


1712) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) ;.,. 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) ■/ 


(see 


H 


1515) 


(see 


H 


1515) 


(see 


H 


1515) 


(Id- 


-H 


1927) 


(see 


H 


1515) 


(see 


H 


1515) 



1988] 



SENATE JOURNAL 



377 



SB 1281 Anson County Arts Council Funds 

SB 1282 McCrorey Branch YMCA Funds 

SB 1283 Afro-American Cultural Center Funds 

SB 1284 Ebenezer Academy Funds 

SB 1285 Dogwood Festival Funds 

SB 1286 Pinehurst Rescue Squad Funds 

SB 1287 Raleigh Garden Funds 

SB 1288 West End School Park Funds 

SB 1289 Siler City Water/Sewer Funds 

SB 1290 Orange Bicentennial Funds 

SB 1291 Chatham White Pines Funds 

SB 1292 Dickson House Funds 

SB 1293 Haw River Assembly Funds 

SB 1294 Hillsborough Cemetery Funds 

SB 1295 Pinetree Funds 

SB 1296 Equal Service/Equal Fees 

SB 1297 Fayetteville Minority Business Funds 

SB 1300 Elkin Recreation Center Funds 

SB 1301 Stoneville Town Revitalization 

SB 1302 Dobson Community Center Funds 

SB 1303 Stokes Projects Funds 

SB 1304 Mt. Airy Police Radio Funds 

SB 1305 Madison-Mayodan Recreation Funds 

SB 1306 Supercomputer Funds 

SB 1309 Anson Civic Center Funds 

SB 1311 UNC/Social Work Bldg. Fund 

SB 13